White, Green & Addison Associates, Inc. v. Monarch Oil & Uranium Corp.

We will refer to the parties as they appeared in the trial court, where plaintiff in error was defendant and defendant in error was plaintiff.

In its complaint plaintiff alleged that it was the owner of five mining claims in San Miguel county, Colorado; that said claims had been leased to defendant on July 19, 1955, and that defendant had failed to comply with various terms and conditions of said lease, by reason of which plaintiff prayed for judgment restoring to it possession of said property, and for a decree declaring said lease forfeited.

Following the filing of an answer and counterclaim…