Reidy
Reidy v. Myntti
Opinion
lead Opinion
Stephens, J.
Action at law for damages claimed to have been suffered by reason of failure on the part of the defendants to account to plaintiff for rent or royalty due her under a lease of certain mining claims. Trial was had in the District Court for the Territory of Alaska before a jury, and the jury returned the following verdict: “We, the Jury * * * do, from the law and evidence therein, find in favor of the plaintiff and against the defendant on the issues joined herein and that there is owing to the plaintiff from the defendants the sum of $9,375.00, plus $300.00 withheld, for royalty from mining operations during the years of 1936 and 1937, together with interest thereon.” Judgment was entered in the sum of $9,675 with interest thereon from the date of the judgment at the rate of 6%. Both parties appeal [ 28 U.S.C.A. § 225 , as amended]. We shall discuss the two appeals separately, and for clarity shall *29 refer to the parties as plaintiff and defendants throughout this opinion.
Defendants Myntti, Repo, Speljack and Mesich, copartners, entered into a lease with plaintiff, Ellen Reidy, on July 31, 1936, for a period of three years, covering mining property designated in the lease only…