Rains v. Schermerhorn

The opinion of the court was delivered by

Mason, J.:

The members of a partnership sued E. B. Schermerhorn for damages for a breach of contract, and obtained a judgment, from which he appeals.

The petition alleged in substance that the defendant agreed to give to the plaintiffs a written lease for three years upon a zinc and lead mining property, they to pay him a royalty of twenty-five per cent upon the ore taken out; that with his consent, and in reliance upon his agreement, they took possession of the property and operated it for about three months, incurring considerable expense for repairs…