Kennedy v. Schwartz

*230By the Court,

Hawley, C. J.:

The plaintiffs, Kennedy and Young, on the fourteenth of August, 1876, were the owners of the CrownPointand Yulean mines, situate in Hunter mining district, White Pine county. The ores in the Crown Point mine were of high grade in silver, and of low grade in lead. The ores in the Yulean mine contained a heavy per cent, of lead, but were of low grade in silver, and were valuable to be used as a flux in the smelting of other ores. The defendant, Schwartz, was the lessee of a smelting furnace at Bobinson, and was desirous of procuring ores that would enable him to run…