The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-12-06

does not get defendants said product
not only will there be an impairment
of plaintiffs ability to purchase ant
smelt other ores which 1t could ant
would have purchased were it receiv'
/ ing defendants product, but the large
plants and equipment constructed b,
plaintiff for the purpose of handling
the product of defendants mine and ii
which splaintiff has invested severa
millions of dollars, will become great
| ly impaired in value and the amount
of the damage resulting therefrom Il
will be impossible to determine.
(e) Plaintiff, relying upon said con.
! tract and the continued performance
thereof by defendant, has also greatly
| increased it's refining capacity in ordei
to refine the lead bullion derived from
the defendants mine, and PLAINTIFF
enlarged refining capacity will become
idle and greatly impaired in value, and
the amount of the damages resulting
therefrom it will be impossible to de-
Etermine.
(f) Plaintiff has built UP large
and valuable business In the handling
and selling of lead relying upon its
said contract with the defendant. This
business plaintiff will not be able to
supply adequately if it is deprived of
the product of defendants mine. The
damage resulting to plaintiffs Said
business from the breach of said con-
tract in being deprived of the supply
Of lead promised thereby will be very
large in amount and will be impossi-
BILE to determine.
(g) If plaintiff be required to bring
suit at law for the diversion or failure
to ship each shipment or lot of ore
that may be marketed or otherwise
treated or disposed of by defendant
elsewhere than with plaintiff, or even
If such actions be begun periodically,
a great and intolerable multiplicity of
actions will result. The defendant in
the normal conduct of it's business,
has been accustomed to ship to this
plaintiff each day from $50 to $50 tons
of ore, slime and concentrate lin from
to 10 railroad cars. The price of
lead and silver often fluctuates from
day to day, silver especially having
small fractional changes per ounce,
which, however, involve considerable
sums of money when applied to the
quantity shipped by the defendant.
The amount of lead and silver in each
car may also vary being affected by
many factors, such as the changing
contents of lead and silver in the or.
iginal ore produced from the mine in
various parts thereof the necessarily
varying efficiency of the concentrating
process, and other factors. Thus the
amount of plaintiffs damage might
change and vary with each car on
each day since plaintiffs profit de-
ponds in part not only upon the chang
ing price, but also on the amount of
lead and silver it may recover in ex-
cess of 80 per cent of lead and IS per
cent of silver. If plaintiff be required
to wait until the expiration of said
contract in 1880, in addition to the
losses and damages and designations
of assets of the defendant hereinbefore
plaintiff will be unable by
reason of lapse of time, the death and
of witnesses and the
loss and destruction of evidence, to
prove its several causes of action with
anything approaching certainty or
likely to accomplish the ends of JUS
tice
(h) Said contract like most con-
tracts for similar ores callsafor pay
ment for so per cent of the lead and
95 per cent of the silver. The re-
naming 10 per cent of lead and per
cent of silver is not. paid for, in ac-
eordance with custom based upon
The unavoidable loss of these metals in
The processes of smelling and refin- |
ng. A smelter sometimes loses more
han 10 per cent of the lead and more |
nan per cent Of the silver. On the /
'ther hand, if it can make it's ore con- /
racts and combinations successfully. |
IND have the benefit of a high degree !
" skill and attention on the part of |
is metallurgists, it may save more
han 80 per cent of the lead and more
han IS per cent of the silver and |
fence increase its profits. 1t is i'm
possible to prove accurately what per.
entages of lead and silver in any
'artleular ore is saved since only ac-
urate knowledge of the percentage /
aVed from the ore of the various
1lnes commingled to constitute the
harge in the furnace can be had. If
ne smelter can rely upon ores being
FINISHED under contracts, it can make
hipments to each smelter conform
lore to the requirements of each class
T ore, and hence it is more likely IN
ave more than 80 per cent os the
'ad and 95 per cent of the silver of
re total ores treated, but it cannot
ny with accuracy how much of this
tVlng (Which means increased profi) :
properly assignable to each parti- v
liar ore treated. Thus plaintiff has I
ade profit out of this contract by l.
'ason of Its ability to save more than