U-Beva Mines v. Toledo Mining Company

PIENRIOD, Justice:

Appeal from a no-cause judgment in a suit instituted 1) to cancel a mining lease with purchase option and 2) to recover damages for depositing tailings on the subject property. Affirmed, with costs to Toledo.

No one seems to have expressed any concern as to whether this action is one in equity, at law, or both. We think it immaterial, since the competent, admissible facts predominate in favor of affirmance,1 and the substantial competent, admissible and believable evidence, viewed in a light favorable to respondent,2 justifies such affirmance.

Succinctly stated, the facts may…