NEWLANDS v. CALAVERAS MIN. & MILL. CO.

No. 5161.

28 F.2d 89 (1928)

NEWLANDS v. CALAVERAS MIN. & MILL. CO.

Circuit Court of Appeals, Ninth Circuit.

September 4, 1928.


Attorney(s) appearing for the Case

Frank J. Solinsky and Edward R. Solinsky, both of San Francisco, Cal., for plaintiff in error.

Bohnett, Hill & Campbell, L. D. Bohnett, H. G. Hill, and Frank V. Campbell, all of San José, Cal. (Thos J. Riordan, of San Francisco, Cal., of counsel), for defendant in error.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.


HUNT, Circuit Judge.

Newlands brought this action to recover damages from the Calaveras Mining & Milling Company for alleged breach of a lease and agreement pertaining to certain mining property. The original lessee was one Bender, who assigned all his interest to plaintiff Newlands. Defendant denied breach or termination of the lease, affirmatively alleged breach by plaintiff, and pleaded estoppel and abandonment of the lease and premises.

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