Arbuthnot v. Eclipse Land & Mining Co.
Missouri Court of Appeals
Appeal from. Jasper Circuit Court. — Eon. Howard Gray, Judge. (1) The contract pleaded, between W. B. Smith and Orlando Williams and Eclipse Land and Mining Company, by which Smith and Williams were granted the privilege of mining on the land of the Eclipse Land and Mining Company, and were to be paid by the Eclipse company, eight per cent of the gross value of ores mined, as consideration for their work, was a mere license— created no interest in the realty — and was…
Read the full summary
Appeal from. Jasper Circuit Court. — Eon. Howard Gray, Judge. (1) The contract pleaded, between W. B. Smith and Orlando Williams and Eclipse Land and Mining Company, by which Smith and Williams were granted the privilege of mining on the land of the Eclipse Land and Mining Company, and were to be paid by the Eclipse company, eight per cent of the gross value of ores mined, as consideration for their work, was a mere license— created no interest in the realty — and was therefore not obnoxious to the Statute of Frauds, requiring all contracts creating any interest in lands, to be in writing.…
1Opinion of the CourtBroaddus, P. J.
— The court sustained a demurrer to plaintiffs’ petition and they appealed. The petition is substantially as follows: In February, 1901, the defendant, the Eclipse Land' and Mining Company, held a mining lease for the unexpired term of eight years on certain real estate in the county of Jasper, and without putting up mining rules and regulations as required by the statute, gave verbal permission to W. B. Smith and Orlando Williams to mine on a part of said premises ; and it was also verbally agreed that they and their assigns should have the right to mine on the land during the term of said…
2Cases cited5 opinions
- Morrill v. Mackman.Michigan Supreme Court · 1872
- Edwards v. ThomasSupreme Court of Missouri · 1877
- Robinson v. Troup Mining Co.Missouri Court of Appeals · 1894
- Ashcraft v. Englewood Mining Co.Missouri Court of Appeals · 1904
- Worthen v. GarnoMassachusetts Supreme Judicial Court · 1902
3Cited by1 opinion
- Woodruff v. Superior Mineral Co.Missouri Court of Appeals · 1934