Bear Cat Mining Co. v. Grasselli Chemical Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Action by the Bear Cat Mining Company, a corporation, against the Grasselli Chemical Company, a corporation. There was a judgment in favor of plaintiff for $1 damages only, and it brings error.
1Opinion of the Court
AMIDON, District Judge.
The plaintiff, the Bear Cat Mining Com•pany, held a lease dated April 29, 1913, for a mining property in Jasper county, 'Mo., including the machinery for the operation of the mine. The lease ran for a term of 10 years, with a royalty of 10 per cent, of the value of all ore sold. On July 18, 1913, the plaintiff subleased the same properly to the defendant, Grasselli Chemical Company, for similar purposes, for a term ending April 29, 1923. It was agreed in the lease that, if the defendant should at any time fail or refuse to keep any stipulation on its part, plaintiff…
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