Rains v. Schermerhorn

The opinion of the court was delivered by

Mason, J.:

Upon the first hearing of the appeal in this case the principal question considered was whether the plaintiffs’ version of the facts constituted a cause of action. The decision of the court was thus stated in the syllabus:

“Where under an oral agreement that they are to receive a written lease for a term of years the lessees of mining property take possession of it with the consent of the lessor and enter upon its operation, upon the refusal of the lessor to execute such lease they may waive their right to specific performance, surrender the…