Arizona silver belt., 1906-07-12
Findings of Fact and COnclu- siOns of Law !; Also
 Decree
DECISION OF MUCH INTEREST
Contention of Plaintiff Upheld, That Joseph 0. Erman, in the Execution of Lease to Boone & Strang, Ex- ceeded His Authority

In the District Court of the Fifth Ju- dicia District of the Territory of Arizona. in and for the County of Gila.
 Live Oak Copper Mining and Smelling Company Ga corporation), plaintiff, vs. F. l.. Strang, J. w. Boone, Joseph c. Erman, Old Dominion Copper Mining and Smelling Company Ca corporation), Old Dominion Commercial Co. Ca cor poration), First National Bank Ga cor poration) of Globe, Arizona, plaintiff.
 Finding of facts and conclusions of law.
 Be it remembered; That, this case having come on regularly for hearing on the 7th day of June, 1906, plaintiff, Live Oak Copper Mining and Smelling company, a corporation, being present by its counsel, George J. Stoneman, Esquire, and defendants, F. l.. Strang and J. W. Boone being present m per son and by their respective counsel, w. C. Mcfarland, E. J. Edwards and F. C. Goudy, Esquires, and defendant Jo- seph C. Erman, being present in person and by his counsel, l.. l.. Henry, Es- quire, and the default of defendants Old Dominion Copper Mining and Smelt- ing Company, a corporation, Old Domin- ion Commercial Company, corpora tion, and First National Bank, cor poration, having been heretofore en- tered, and this case having been tried before jury demanded by defendants so appearing and answering. and oral and documentary evidence having been submitted by defendants so answering, in support of the allegation contained in such answers, and plaintiff having submitted oral and documentary evi- dence in rebuttal thereof. and, prior to the termination of said case, the jury herein called and sitting having been, by consent of all parties present in court and by consent of the respective attorneys representing said parties, discharged. before the submission to such jury of any issues of fact to be by them determined, and. upon the evi- dence heretofore introduced, this cause having been submitted to the court for it's determination, and this court being fully advised in the premises, makes and files the following
 Finding of Fact:
 That, insofar as F. J. Kaldenbcrg, as the president of plaintiff corporation, performed any acts material to the issues of this case, plaintiff corporation was and is adequately and fully repre- sented by the said F. J. Kaldenberg, its president.
 That letter dated August 25th, 1905, introduced in this case as Plaintiffs Exhibit A" was and is the act of plaint- fir corporation; and that said Erman had no authority as agent, representa- tive or employe of plaintiff than con talned therein.
 That. on the l6th day of October, 1905, Joseph C. Erman, claiming to act as the agent of plaintiff, and without authority thereunto conferred upon him by plaintiff, executed to and with de- fendants F. l.. Strang and .l. w. Boone certain contract or lease under and by the terms of which defer dants F. l.. Strang and J. w. Boone have, since the l6th day of October, 1905, ltered upon and into a portion of tn, mines and mining claims owned by plaintiff and extracted ore therefrom.
 That the terms of said contract dated October l6th, 1905, in this action de- nominated Plaintiffs Exhibit B." under which plaintiff corporation was advised and had reason to believe that said Boone and Strang were operating were the terms set forth in blank form of lease received by plaintiff cor poration, through it's president, F. J. Kaldenberg, introduced in evidence in this case and marked Plaintiffs Ex- hibit ;" which blank form of lease differed in it's terms from the lease hereinabove referred to as Plaintiffs Exhibit B, ' and under which said Boone and Strang are operating, in that said blank form of lease contain ed clause tnfr hot ha ca1n nf hn mining claims owned by plaintiff cor poratioa, said lease should De immedi- atey terminated and surrendered by the said Boone and Strang.
 That plaintiff corporation did not have information of the precise terms of the Boone and Strang ease herein referred to as Plaintiffs Exhibit B" prior to the 26th day of March. 1906, upon which date plaintiff corporation received copy af said lease herein re- ferred to as Plaintiff s Exh bit B.; and that, upon the discovery by plaintiff corporation of the terms of said lease, plaintiff corporation used prompt and due diligence to cause it to be disa- vowed as the act of plaintiff corpora tion.
 That plaintiff is a corporation duly incorporated and existing under and by virtue of the laws of the Territory of Arizona.
 That plaintiff corporation is the owner, subject only to the paramount title of the United States, of the fol- lowing described mines and mining claims situated in the Globe Mining District, County of Gila, Territory of Arizona, the names of said claims, with the books and pages of Record of Mines Tn the office of the County Recorder of Gila County, Territory of Arizona, where the certificates of location of said mining claims are recorded, being as follows, to-wit:
 FULTON, Book 6, Page BIT.
 LIVE OAK, Book 4, Page 6.
 COPPER SPRING, Book 5, Page l20.
 SS0LPHlDE, Book (, Page 15.
 COPPER KING, Book 4, Page 99.