Bailey v. Opp

This is an action for money,- founded upon a written contract, as modified by an oral agreement. Verdict and judgment were rendered in favor of plaintiffs. Defendants appeal.

The defendants’ mine, known as the “Opp Mine”, for about 20 years was dormant and nonproductive. The timbers in the tunnels had rotted, the tunnels had caved in, and many of the portals had caved in and were grown over with brush.

On June 24,1929, the defendants, who were husband and wife, entered into a written contract with the plaintiffs, who were husband and wife, of the following purport: The parties of the first…