Shaw

On February 5, 1904, plaintiff was the owner of the Hunter creek mine. On said date, by a grant, bargain and sale deed, he conveyed to E. Caldwell and E. F. Caldwell “an undivided one-half interest in and to” said mine. It is recited in said deed that it was “for and in consideration of one dollar to him in hand paid by the parties of the second part,” and also “it being one of the considerations of this conveyance, that said parties of the second part will, during the period in which the party of the first part shall be the owner of the remaining one-half of said mine, do and perform at their own cost and expense all work required to be done upon said mine in order to comply with the provisions of section 2324 of the Revised Statutes of the United States, and should they fail at any time so to do, then the party of the first part shall be entitled to have said one-half interest in said mine as hereby conveyed, reconveyed to him, and the parties of the second part shall thereafter have no interest in said mine.” The deed likewise contained this clause; “It is furthermore agreed, that the parties of the second part may work and develop said mine at their own cost and expense, and…