Arizona silver belt., 1906-07-12
Conclusions of Law:

considered, the court finds therefrom the following
 Conclusions of Law:
 That the authority contained in let ter dated August 25th, 1905, written by plaintiff corporation, through it's presi- dent, F. J. Kaldenberg, and in this action marked Plaintiff s Exhibit A. did not confer upon the said Joseph c. Erman authority to execute the in- strument which he executed in the name of plaintiff corporation on October l6th, 1905, with F. l.. Strang and J. w. Boone, said last-named instrument being in this action referred to as Plaintiffs Exhibit B..
 That said Joseph c. Erman, in the execution by him of said instrument, acted beyond the scope of the author ity conferred upon him by plaintiff cor poration in said letter herein referred to as Plaintiffs Exhibit A.
 That plaintiff corporation. nor it's officers or agents, have, since the knowledge was acquired by it of the material facts of said instrument here inabove denominated Plaintiffs Ex- hibit B" and referred to as the Boone and Strang Lease, performed any act which in law amounts to ratification of the unauthorized act of the said Joseph c. Erman in the execution by him of said lease or contract.
 That said instrument, dated October l6th, 1905, hereinabove referred to as ''Plaintiff's s Exhibit B., was not and IS not the contract of plaintiff corpora tion.
 That plaintiff corporation is entitled to have reformed the instrument dated October l6th; 1905, hereinabove refer red to as Plaintiff s Exhibit B" by the insertion therein, after the clause commencing with the words, together grants, rights and license, to extend for the term of one year from the date hereof" and before the clause com- mencing "and in consideration of said grant and fcense,' the following words:
 Provided, That in case the said party of the first part shall sell at any time before the termination of the term of this license, for a valuable consideration, the premises above de- scribed, to any other person, persons, company or corporation, such sale shall terminate and determine the term of this license and the said second party shall, at any time after such sale, upon demand in writing being made, immed lately deliver possession of said prem ises to such purchaser or purchasers. '"
 That, within five days from this date, the defendants F. l.. Strang and J. w. Boone may elect whether to accept and operate under said instrument so m od- fled as above set forth, such election to be made by filing in the papers of this cause, within said five days, an accept ance of the terms thereof; and in the event of their election so to do, they may operate under the terms of said lease and contract as so modified; and in the event that said defendants shall not accept the same as herein provided, they shall surrender to plaintiff that portion of the mines and mining claims owned by plaintiff covered by the terms of said lease in this action denominated "Plaintiff's Exhibit B." and the said lease shall be forthwith terminated.
 That defendants F. l.. Strang and J. w. Boone, nor either of them, up to the date of the filing of these findings and judgment and decree therein, are trespassers upon any of the property owned by plaintiff corporation.
 That, in the event said defenants F. l.. Strang and J. w Boone may elect to continue work under such lease and contract so reformed as hereinabove mentioned, and the plaintiff in this action shall refuse to abide by the judgment and decree of this court entered in this cause, and shall appeal from said judgment and decree to the supreme court of the Territory of Ari- zona, said defendants F. l.. Strang and J. w. Boone ahall not be held by their election to abide by the decree of this court to be deprived of any exceptions or objections of which they might otherwise be entitled to the benefit, in defending this case upon such appeal.
 That the costs in this case shall be paid in equal portions, to be divided between plaintiff and defendants.
 That plaintiff is entitled to judg ment and decree based upon the find ings of fact and conclusions of law filed herein.
 Done in open court this 9th day of June, 1906.