Merrimac Mining Co. v. Gross

Henry M. Gallagher, Chief Justice.

Plaintiff sued to recover contribution from its co-lessees for rent and taxes which it claims to have paid under the terms of a mining lease. The trial court found for defendants except as to a rent item of $300, to which reference will hereinafter be made. The appeal is from an order denying plaintiff’s motion for a new trial.

The lease here involved was entered into on October 13, 1909, between Hans Andersen and wife, as lessors, and Albert F. Gross, Roscoe C. Jamison, and Dan C. Peacock, as lessees. It was to run for a term of 60 years and provided for…