BOYLIN v. UNITED WESTERN MINERALS COMPANY

No. 7220.

382 P.2d 717 (1963)

72 N.M. 242

Frank BOYLIN, Maurice Greenberg, Lewis (Louis) Shur, Mabel Parsley, Administratrix of the Estate of Jack Parsley, Deceased, Kelsey Boltz, and Max Kamlel, Plaintiffs-Appellants, v. UNITED WESTERN MINERALS COMPANY, San Jacinte Petroleum Corporation, White, Weld & Company, J.H. Whitney & Company, Swan Finch Oil Corporation, Defendants-Appellees.

Supreme Court of New Mexico.

June 10, 1963.


Attorney(s) appearing for the Case

Chavez & Cowper, Belen, for appellants.

McKenna & Sommer, Santa Fe, for appellees United Western Minerals Co., San Jacinto Petroleum Corp., White, Weld & Co., J.H. Whitney & Co.


COMPTON, Chief Justice.

This is an appeal from a summary judgment in favor of appellees, defendants below.

The action is for an accounting and for the payment of accrued royalties. The appellants alleged in their complaint that appellees had acquired by assignment certain mining claims in McKinley County burdened with the payment of royalties to appellants which had not been paid. Motions to dismiss were filed on behalf of the various appellees. The court...

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