Taylor v. Thomas

delivered tlie opinion of the court.

Action to recover profits accruing under a lease. On the 29th day of December, 1896, Charles H. Thomas and John P. Johnson, plaintiffs below, appellees here, and Frank M. Taylor and W. S. Copeland, defendants below, appellants here, secured from its owner. a lease on the Fanny Rawlings mine at *17Leadville, to run for a period of three years, at a specified royalty to be paid tbe lessor by tbe purchaser of the product of the mine. Each of the lessees owned an undivided one-fourth interest in the lease, was to bear one-fourth of the expenses of operating the…