Frank Richardson v. Homestake Mining Company, a California Corporation

BRATTON, Circuit Judge.

Frank R. Richardson and others instituted this action against Homestake Mining Company, a corporation, and the determinative issue between the parties was the basis upon which the defendant was obligated to pay royalty to the plaintiffs under a lease covering certain unpatented mining claims located in San Juan County, Utah. The lease provided for payment of a royalty of fifteen per cent of the gross value of the ores, minerals and metals extracted from the land. And it defined gross value to mean the net returns derived from the sales of ores, minerals, and metals…