INTERNATIONAL HARVESTER CO. v. MISSISSIPPI LAND CO.

No. 8812.

43 F.2d 17 (1930)

INTERNATIONAL HARVESTER CO. v. MISSISSIPPI LAND CO.

Circuit Court of Appeals, Eighth Circuit.

August 13, 1930.


Attorney(s) appearing for the Case

George W. Morgan and Frank B. Kellogg, both of St. Paul, Minn. (Cleon Headley, of St. Paul, Minn., Edward R. Lewis, of Chicago, Ill., and Kellogg, Morgan, Chase, Carter & Headley, of St. Paul, Minn., on the brief), for appellant.

Charles W. Briggs, of St. Paul, Minn. (C. E. Elmquist and Clapp, Richardson, Elmquist, Briggs & Macartney, all of St. Paul, Minn., on the brief), for appellee.

Before KENYON, BOOTH, and GARDNER, Circuit Judges.


KENYON, Circuit Judge.

This is an action to reform the tax covenant of a mining lease, on the theory that at the time it was executed appellant (International Harvester Company) did not understand the legal effect of such covenant, due to inequitable conduct on the part of appellee (Mississippi Land Company). In 1901 and 1902 appellant entered into two thirty-year leases with appellee to mine iron ore on two adjoining forties constituting the so-called Hawkins Mine...

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