Day v. Inland Steel Co.

Plaintiff appealed from an adverse judgment.

On December 2, 1901, plaintiff made a mining lease on 40 acres of land for 30 years. By mesne conveyances defendant acquired the lease in 1917 and operated thereunder until it canceled the lease pursuant to a provision therein terminating the lease on November 24, 1929.

The lease contained a covenant made by the lessee as follows:

“The party of the second part shall, in due and timely season, pay all taxes and assessments, ordinary and extraordinary, general or specific, which may be assessed or levied on said lands, ores or improvements on said land…