Griffin

Upon a rehearing of this cause, the court, after a careful consideration of the terms of the contract involved therein, and the circumstances which attended its execution, has reached the conclusion that its construction thereof on the former hearing (Griffin v. American Gold Mining Co., 114 F. 887 , 52 C.C.A. 507 ) was erroneous. The contract was made between M. W. Murry, the grantor of the plaintiff in error, as the party of the first part, and the Silver Bow Basin Mining Company, the predecessor in interest of the defendant in error, as party of the second part. It provided as follows:

“That the said party of the first part, for and in consideration of the covenants hereinafter set forth, to be performed by the party of the second part, and also in consideration of the sum of twenty-five thousand dollars to be paid to him by the party of the second part, as hereinafter set forth, hereby covenants and agrees with the said party of the second part to sell unto it that certain mining lode claim known as the ‘Morris G,’ situated in the Harris mining district, in the district of Alaska, for a full description of which reference is hereby made to the deed of the party of the first…