Lindsay v. Warnock

Simmons, Justice.

Warnock entered into a written contract with Lindsay, in which it was stipulated that if Lindsay should find on certain land of Warnock between January 7, 1891, and August 27, 1891, any minerals that would justify the “ employ of labor,” Warnock would convey to Lindsay a half-interest in all the minerals that Lindsay might find, open and develop “ to the extent that it will justify the employ of labor,” with timber and water for mining purposes; it being also stipulated therein *620that Lindsay should prospect the land at his own expense, and should not stop work over thirty days…