Powell v. Hammon Consol. Gold Fields

LOMEN, District Judge.

Defendant argues that, because the option was terminable at will (Montgomery v. Waldeck, 2 Alaska, 581) and the agreement “fundamentally an option, plus privileges of development and exploitation, pending determination whether to exercise the option,” the waiver of the option terminated the lease, and cites 3 Lindley on Mines (3d Ed.) pp. 2123, 2124, and claims that the lease and option were “an entirety” and “interdependent,” and termination of one “terminates the whole.” Defendant also cites Snider v. Yarbrough, 43 Mont. 203, 115 P. 411; Johnson v. Clark, 174 Cal. 582,…