Davie v. Lumberman's Mining Co.

On October 7, 1889, the plaintiffs, Who were practical miners, entered into a verbal agreement with the defendant company, through its mining captain, to go to work in what- is called the “ Cave Pit," and were to receive $1.50 per ton for all the ore they produced, as long as they could malee it pay. The plaintiffs practically agree that the mining captain, with whom the contract was made, said to them that he would give $1.50 a ton for all the ore they could produce anywhere in the pit, to which they responded, “ All- right; we will take the contract, and work it as long as toe can malee it…