Northern Mining Corp. v. Cooke Mining Co.

Appellee brought this action to quiet its title to certain mining properties, and ob *11 tained a judgment therein, from which this appeal was taken.

On July 10, 1918, Montana Scotch Bonnet Copper and Gold Mining Company, a Washington corporation, hereafter called Scotch Bonnet, was the owner of certain mining properties, and executed an instrument, hereafter called a contract, by which it promised to convey such properties to one McKay upon payment to it of certain sums on specified dates. The contract, also signed by McKay, among other things, provided:

In 1918, McKay transferred his rights under the contract to one Scott, and prior to 1920, Scott conveyed such interest to Glengarry Mining Company, a corporation, hereafter called Glengarry.

Scotch Bonnet and Glengarry modified the contract on December 4, 1923, October 17, 1925, September 13, 1927, March 1, 1930 and on October 9, 1934, as to amounts and times of payment. On March 12, 1936, to purchase the property Glengarry would have had to pay Scotch Bonnet a total of $32,857.71 principal and interest as specified in the contract. On that date Scotch Bonnet sold the properties and the contract to Cooke Mining Company, a…