Savage

Plaintiffs by a contract executed February 19, 1907, agreed to sell to defendants a five-sixths interest in certain mining property situated in Placer county for $100,000, of which sum $50,000 was paid at the date of the contract, the remaining $50,000 to be paid on or before the expiration of 90 days. The contract further provided:

Linder this contract defendants went into possession of said properties and extracted certain ore therefrom, which was of the value of about $30,000. This ore body was discovered near the expiration of the 90 days, but all of the ore was removed before said time had expired. Certain other ore, however, was extracted during this period, but was not removed from the properties, having been placed, as one of the defendant’s witnesses expressed it, “in the dump”; his language being, “there was rejected tailings in the dump.” The contract expired on May 20, 1907, and on that day another contract was entered into between the same parties, by which the plaintiffs agreed to sell to defendants a five-sixths interest in the same properties, with other additional properties, for the sum of $50,000, to be paid on or before the expiration of 180 days; the contract…