Zelleken v. Lynch

The opinion of the court was delivered by

Burch, J.:

The plaintiffs, Lynch & Co., brought an' ■action against the defendants, the Dillon company, to ■compel the performance of an oral agreement to make a lease of mineral land for mining purposes, and was' successful. A demurrer to the petition was • oyerruled, and it is claimed here that the petition states no cause ■of action for specific performance because of a lack of mutuality in the obligation and remedy of the parties.

The petition charges that in consideration of the payment of a certain royalty on the ore to bé mined the ■defendants…