Wolf Tongue Mining Co. v. Inman

Opinion by

Mr. Justice Allen:

This is an action which was brought upon a Avritten contract, in the nature of a mining lease, by the lessees, hereinafter referred to as the plaintiffs, against the Wolf Tongue Mining Company, defendant and lessor, to recover “the market price of certain tungsten ores,” which had been delivered by the plaintiffs to the defendant under the contract. The plaintiffs prevailed in the trial court, and defendant brings error.

Numerous errors are assigned, but the only question that need be determined is whether or not the written contract in question permits a recovery…