International Harvester Co. v. Mississippi Land Co.

KENYON, Circuit Judge.

This is an action to reform the tax covenant of a mining lease, on the theory that at the time it was executed appellant (International Harvester Company) did not understand the legal effect of siich covenant, due to inequitable conduct on the part of appel-lee (Mississippi Land Company). In 1901 and 1902 appellant entered into two thirty-year leases with appellee to mine iron ore on two adjoining follies constituting the so-called Hawkins Mine. These leases contained the following provision:

“The lessees shall pay all taxes and assessments, ordinary and extraordinary,…