Pierce v. Mountain Lion Consolidated Mines Co.

Holcomb, J.-

— This action was instituted in the court helow for more than fifty thousand dollars damages, which, at the trial, appellants elected to try as one for breach of contract, rather than as one for fraud and deceit.

The case was tried to the court without a jury, which, after trial, made very copious findings of fact and a memorandum opinion comprising thirty-nine typewritten pages. The memorandum opinion and the findings of fact of the trial court are so comprehensive that they might well be adopted, as they appeal to this court, were it not for their great length.

The six assignments…