Hazzard
Hazzard v. Johnson
Opinion
Lead Opinion
Conret, J.
Plaintiff appeals from a judgment for $3,499.30, entered in favor of defendants Johnson, Willard, and Skeats upon their cross-complaint.
On December 11, 1915, the plaintiff, as party of the first part, and the defendants in their capacity as partners doing business under the firm name of North Hubbard Syndicate, as parties of the second part, entered into a contract in writing, whereby the first party leased to the second parties a certain “mine, mining claim and mining property” in San Diego County, known and described as the North Hubbard mine, “together with the appurtenances thereto,” including various items of machinery, tools, and appliances, “also four buildings now upon said premises, to-wit: one engine house, one blacksmith shop, one boarding house and one bunk house.” This lease was to run for a term of three years, beginning with December 15, 1915, “unless sooner forfeited or terminated through the violation of any covenants hereinafter against said lessees reserved, or through their failure to exercise their optional right to purchase said properties hereinafter given or to make the payments therefor strictly as hereinafter required.” The lessees were “to pay the…