Rocky Mountain Gold Mines, Inc. v. Gold, Silver & Tungsten, Inc.

Mr. Justice Francis E. Bouck

dissenting.

I respectfully dissent from the opinion of the court.

1. The Contract.

The case at bar involves a document containing a lease and an option, each of which is as complete in itself as if it were a separate instrument. Except as to formal parts. and the description of the mining property demised, the entire document is quoted in the opinion of the court. I ask the reader to refer to it in connection with this dissent.

As one reads the lease it is not unlike the typical Colorado mining lease with the usual provisions 'as to the amount and character of work and…