Hurlbut v. Butte-Kansas Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action for rent. It was tried to the court. Judgment was rendered for defendant, and plaintiff has appealed.

Plaintiff owned forty acres of land upon which he executed a mining lease, which was assigned by the lessee to defendant, who operated a mine upon the land. On this was a four-acre tract upon which was situated a house, barn and other farm improvements. Defendant desired the use of this four-acre tract and the improvements thereon as a residence for its mine superintendent in order for him to live near the mine and more…