ABSTRACTS OF CURRENT DECISIONS ON MINES AND
MINING, MAY TO AUGUST, 1917.
By J. W. THOMPSON.
MINERALS AND MINERAL LANDS.
OWNERSHIP OF ORE-CONSTRUCTION OF CONTRACT.
A contract between the Republic Mines Corporation and the Quilp
Gold Mining Co. provided that upon forfeiture of its rights under
a contract the Republic Mines Corporation was required to give
a good and sufficient deed conveying to the Quilp Gold Mining
Co. all ore bodies of every description lying east of the west line
of the Quilp Mining Co. claim extended downward vertically and
lying south of the north end line of the Quilp claim extended
downward vertically and which may apex within the lines of the
Surprise, an adjoining mining claim. It must be presumed that the
contracting parties under such circumstances had in view their
statutory rights as provided by the mining statutes of the United
States, and that both were familiar with the provisions as to extra-
lateral rights granted by the statute to locators of mining claims.
This contract means to include all ore bodies of every description lying
east (or easterly) of the west (or westerly) line of the Quilp claim
extended downward vertically and south (or southerly) of the north
end line of the Quilp claim extended downward vertically within the
Quilp claim excepting the part that was overlapped by the Surprise
claim, owned by the Republic Mines Corporation.
Quilp Gold Min. Co. v. Republic Mines Corp. (Washington), 165 Pacific 57, p. 61.
PURCHASE OF GAS-REFUSAL TO DELIVER-SALE TO OTHERS.
A gas company that had entered into a contract to purchase a
quantity of natural gas refused to receive and accept the gas that was
tendered on the ground that it did not conform to the requirements
of the contract; subsequently the company refused to sign a writing
by which it was asked to consent to the sale of such gas to other
persons. But the refusal of the purchasing company to sign such a
writing giving its consent or its refusal to consent to such sale did
not affect the rights of the seller to dispose of the gas elsewhere and
to other persons.
Ely v. Wichita Natural Gas Co. (Kansas), 165 Pacific 284.
165430-17-Bull. 159----2 3
Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917. [Washington D.C.]. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc38745/. Accessed December 27, 2014.