United Mercury Mines Company, a Corporation v. Bradley Mining Company, a Corporation

The interpretation of a written contract entered into by United Mercury Mines Company, which is plaintiff and appellant, and Bradley Mining Company, defendant and appellee, is here involved. This agreement covers certain mining claims in Idaho. The crux of the dispute concerns the method of computing royalties on minerals and ores extracted from mining claims. ******The cause has had an extended judicial history. Circuit Judge William Healy, sitting in the District Court, granted summary judgment in favor of Bradley, on the ground that the clause in controversy was clear and unambiguous and that the clause should Tbe interpreted to allow Bradley to deduct normal smelting charges upon materials treated at its own plant. On the first appeal, the original opinion held that the clause was unambiguous but should be interpreted to mean that United should receive its percentage on the materials sold after smelting by Bradley without any deduction of normal smelting ■charges. Upon petition for rehearing by Bradley, this opinion last mentioned was withdrawn. Appellant contends that the following portion of the substituted opinion constitutes the law of the case:

However, although this…