Davis

This is an action to recover damages for an alleged breach of contract by the .appellants. The case was tried by the court without a jury, and judgment was entered against appellants for the sum of $700 and costs, from which, and from an order denying their motion for a new trial, they appeal. The facts are substantially as follows: The respondent, being the owner of a certain mining claim, known as the “Todd Mine,” entered into a written contract with the appellants, by which, in consideration of the covenants and agreements to be performed on their part, he agreed to convey to them the property within four months for the sum of $6,000;

*437 and they covenanted and agreed to at once enter upon the mine, and sink a shaft thereon to the depth of at least one hundred feet, and to crosscut the ledge on the fifty-foot level, and at the bottom of the shaft to crosscut again at least ten feet, and to make such other developments thereon as they might deem proper. They, were also to have all the ore taken from the miii'e in doing this work. In pursuance of the terms of the contract, appellants entered upon the mine and sunk a shaft to a depth of fifty-six feet. At the fifty-foot level…