Ojus Mining Co. v. Manufacturers Trust Co.

Appellant brought this action against appellees for damages in the sum of $217,-534 for the breach of an alleged contract. At the close of appellant’s evidence, appellees moved for a directed verdict, on the ground, among others, that the alleged contract had not been proved. The trial court granted the motion, directed a verdict for appellees, and thereupon entered judgment in their favor. This appeal is from that judgment.

The complaint alleges, in substance, that appellee Manufacturers Trust Company (hereinafter referred to as the trust company) was the owner of a certain mining property known as the Lincoln mine, consisting of five claims situate in Gem county, Idaho, the title to which appeared of record in the name of appellee Alexander Lewis; that on November 21, 1931, appellee Lewis leased said property to William I. Phillips for a term of ten years; that on June 17, 1932, Phillips assigned said lease to appellant; and that thereafter, until April 25, 1933, appellant was in possession of said property under and by virtue of said lease.

The complaint further alleges that on April 25, 1933, appellant, “by its agent, W. I. Phillips,” and appellees, “acting through Jess…