Barry

Plaintiff brought this action to quiet its title to certain real property situate in the county of Butte. The defendant, by way of answer and cross-complaint, set up an interest in the property under a two-year lease by the terms and provisions of which he was given the right to mine for and extract minerals from the property. He prayed that plaintiff take nothing by its action and that the terms and provisions of the lease be specifically enforced. At the conclusion of the trial, the court below found, in substance, that plaintiff had performed its part of the agreement, that defendant had failed to perform any and all of the things required of him under the lease, and that plaintiff, because of such breach, had theretofore notified defendant in writing of its election to terminate the lease, as therein provided. Though the evidence is conflicting in many respects, there is substantial evidence supporting each of these findings. Judgment was accordingly entered quieting plaintiff’s title and decreeing that defendant take nothing under his cross-complaint. This appeal followed.

Defendant’s first point is that a plaintiff in a quiet title action must prevail upon the strength of…