J. WILLIAM WAARA, Appellant,
GOLDEN TURKEY MINING COMPANY, a Corporation; W. L. ALLISON, Trustee; THE BANK OF ARIZONA, a Corporation, and WALLACE L. COOK, Appellees
APPEAL from a judgment of the Superior Court of the County of Yavapai. C. C. Faires, Judge. Judgment affirmed.
Messrs. Cornick & Carr, for Appellant.
Messrs. Crawford, Baker & Favour, Messrs. Byrne & McDaniel and Messrs. Sloan, Scott & Green, for Appellees.
[60 Ariz. 253] ROSS, J.
From a judgment denying plaintiff's claim of lien for work and labor, he has appealed.
The case was decided by the court upon the issues made by the pleadings. The plaintiff, a civil and mining engineer, during a period extending from February 4, 1936, to on or about August 14, 1941, did and performed work and labor for the defendant Golden Turkey Mining Company in connection with his employment as such engineer. It appears from his complaint and his claim of lien that during said time he and the mining company had business dealings as follows:
1. On February 4, 1936 he orally contracted with the defendant mining company to perform labor in doing general survey work in connection with the development and operation of its mining properties and ore development work; in locating and appropriating water rights and dam sites; in surveying and locating adjacent mining property, and other miscellaneous work, at a daily wage of $20 for 184.2 days just preceding the filing of the complaint, and that he furnished map materials and supplies of the value of $36.55, or a total of $3,720.55, on which a payment of $2,500
had been made, leaving a balance due of $1,220.55.
[60 Ariz. 254] 2. On the same date, in writing, he contracted with said defendant to perform labor in making a survey and compiling a contour map of certain portions of the Golden Turkey mine and the Golden Belt mine (the latter being operated under lease to the Golden Turkey Mining Company) for the agreed sum of $1,300, which was reduced by agreement to $650.
3. On February 10, 1939, in writing, he contracted to perform labor in surveying, platting and preparation of a set of underground maps showing certain workings in the Golden Turkey mine, at the agreed price of $1,500 per year, under which he worked for the mining company for two years and five months, from January 1, 1939; that there is due on this claim $3,475.
4. Also, on February 10, 1939, in a written contract, he agreed to and did perform work and labor, in surveying and platting old underground workings in the Golden Turkey mine and in areas outside the Golden Turkey property, at $20 per day, and that he worked at such labor for 45.75 days and earned $935, no part of which has been paid; and
5. On April 15, 1939, he orally contracted with defendant mining company to perform work and labor on and in the Golden Belt mine, to consist of general survey work of its development and operations, at a wage of $20 per day, for 44.8 days, or the sum of $896, no part of which has been paid.
The total balance of the claim is $7,176.55, for which plaintiff prays judgment, and that it be adjudged and decreed that he has valid, subsisting and superior liens upon the described mines and mining claims, personal property, improvements, ...