Tavitoff v. Stepovich

WILBUR, Circuit Judge.

On September 25, 1935, Mike Stepovich, the appellee, leased a part of a mining claim known as the Eastern Star Association claim to Alex Tavitoff and Ed Kupoff, until September 25, 1937. Ed Kupoff withdrew from the lease by the consent of the lessor, Mike Stepovich, and the lessee, Alex Tavitoff, and the other plaintiffs and appellants, Nick Romanoff, Axel Carlson, and Jack Huhoff were substituted as lessees in place of Ed Kupoff. Appellants took possession of the mining claim under the lease and operated the same. The court found that appellants “continued in such…