Bulletin 174 Abstracts of Current Decisions on Mines and Mining

A mining company for a period of 12 years bad been selling its ore to a certain smelting company for the purpose of obtaining a continuous and steady market for its ore and for the purpose on the part of the smelting company of obtaining a continuous and steady supply of ore for smelting; an agreement was entered into by which the mining company agreed to eell and the smelting company agreed to purcshase at ruling prices all the ore produced by the mining company of certain' stated grades, and to this end the mining company agreed to actively operate its mines. It is no longer the rule that a suit will not lie for the specific performance of a contract relating to personal property ; but the question for determination in such a case is whether the complainant has a plain, speedy and adequate and complete remedy at law, and if he has no such remedy, specific performance will be granted. In an action by a smelting company for the specific performance of a contract of sale it appeared that the ore produced by the mining company bad a peculiar value for smelt. i.ng purposes and was not readily obtainable elsewhere, and it would be practically impossible to measure the value for determining the loss the complainant would sustain· if the smelting company were not ,able ,to obtain the ore under the contract. It is comparatively simple for a court of equity to enforce the agreement as it pertains to the normal product of the mine and there is no plausible reason why a court may not require a performance on the part of the mining company where the mining company obligated it:Belf to operate all its mines. There is no delicate or complex condition involved in the production or delivery of the ore 'or in obtaining_ the stipulated prices agreed upon, and there is nothing apparent that will necessitate supervisory· control in requiring performance on the part of the mining company. A decree for specific perfoi:m,ance would require no supervision by the court either for the operation of the mines or for ascertaining and fixing the prices the mining company is to receive for its ore.