Matteson

Plaintiff's assignor erected on the mine of defendant a ten-stamp quartz-mill, with various appurtenances, under a written contract, by which the defendant agreed to pay for the mill, etc., the sum of ten thousand dollars in stated installments. The contract included the following stipulation: “It is further agreed by the said party of the second part [the defendant] that the said mill, concentrators, water-wheels, pipe-line and all other structures built by the parties of the first part under the terms of this contract shall be considered as and shall be personal property, whether attached to the earth or not, and the title and ownership thereof shall be and remain in the said party of the first part with the right to take up and remove the same from the said premises at any time in default of the payment of any installment of the purchase price thereof, or of any payment of money or delivery of stock, or bullion, as provided for in this contract, and leave and license irrevocable is hereby given and granted to said party of the first part to enter in and upon the property of the said party of the second part to remove the same. ’ ’

Plaintiff’s assignor fully complied with the…