CHEYENNE MIN. AND URANIUM COMPANY v. Federal Resources Corp.

ROSE, Justice.

This contract-interpretation case requires an examination of the impact of unanticipated agreements concerning the subject matter of the contract, which agreements were entered into by the party whose performance is deemed to be due. Appellant Cheyenne Mining and Uranium Company (CMU) brought this action against appel-lees Federal-American Partners (FAP) and its member corporations, seeking to rescind a contract for the purchase and sale of certain unpatented mining claims, or in the alternative to enforce the contract’s terms. During the trial to the district court, the judge…