Star Phoenix Mining Co. v. Hecla Mining Co.

SCHROEDER,

Justice, dissenting.

I

HECLA BREACHED THE LEASE AS A MATTER OF LAW.

The district court ruled that Hecla breached the Lease as a matter of law by sending the notice of termination in the first instance or, in the alternative, by refusing to withdraw the notice once Star Phoenix filed suit disputing the existence of a default under the Lease. This Court’s reversal of that decision misses the significance of the facts in this case and the legal consequences that flow from those facts.

A. Construction of Article 17

“The objective in interpreting contracts is to ascertain and give effect to…