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G.E.J. CORPORATION v. URANIUM AIRE, INC.

No. 16715.

311 F.2d 749 (1962)

G.E.J. CORPORATION and M.F. Corporation, Appellants, v. URANIUM AIRE, INC., a corporation, et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 1, 1963.

Attorney(s) appearing for the Case

Ryley, Carlock & Ralston, George Read Carlock, and John C. Ellinwood, Phoenix, Ariz., for appellant.

Tognoni, Parsons, Birchett & Gooding, and Joseph Art Birchett, Phoenix, Ariz., for appellee.

Before HAMLIN, JERTBERG and KOELSCH, Circuit Judges.

KOELSCH, Circuit Judge.

This is a suit to recover on an option for the sale of mining claims. The court below gave judgment for the plaintiffs and defendants appeal.

On January 12, 1956, appellees granted appellant, G. E. J. Corporation (GEJ), an option to purchase appellees' property. The option contained the following clause:

"4. During the option period, Purchaser agrees to mine not less than 8400 tons of ore of a minimum average grade of at least...

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