Trunz

This suit was commenced by Max Trunz, appellee here, plaintiff below, against Northern Mining Corporation and others to quiet his title to certain mining claims. The case comes to this court upon an appeal by Northern Mining Corporation from a judgment of the District Court of the United States for the District of Montana. The following is a statement of the pertinent facts, predicated upon the findings of the District Court:

On November 3, 1933, Glengarry being in default in its performance of the terms of said agreement, Branser brought an action in the state court of Montana for its cancellation; for the recovery of the possession of said mining premises; for damages ; and to restrain Glengarry from mining and working the said claims. On January 15, 1934, during the pendency of that action in the state court, it was stipulated and agreed between Branser, as party plaintiff, and Glengarry, as defendant, that for the consideration of $10,000 paid to Branser and ten thousand shares of the Mining Company stock delivered to him the Mining Company was to have until July 1, 1934 (July 2 in legal contemplation, since the first day of July was a Sunday), within which to buy the Branser…