Hill

The plaintiff commenced an action against the defendants to obtain a decree quieting title to real estate. The defendants appeared and answered. The trial court made findings in favor of the defendants and from a judgment based thereon the plaintiff has appealed.

On September 5, 1907, Albert J. Caswell and wife, as the owners, and C. M. Jensen and Angus Matheson, executed a writing by which the owners granted “the parties of the second part permission to work for minerals” on the land in suit. It was further provided: “1st. If said parties of the second part succeeded in getting minerals in paying quantities the parties of the first part will give said parties of the second part a one-half interest in ten acres of above-described property, as an inlet to the vein and all profits shall be divided one-half to parties of the first part and one-half to parties of the second part after all expenses have been paid, one-half by parties of the first part and one-half by parties of the second part. 2nd. If said parties of the second part do not get the mineral in paying * quantities all expenses shall be paid by said parties of the second part without any cost whatsoever to said parties…