ALLEN v. RUBY COMPANY

No. 9191.

389 P.2d 581 (1964)

D. K. ALLEN and Mary R. Allen, husband and wife, Plaintiffs-Respondents, v. RUBY COMPANY, a corporation, Defendant-Appellant.

Supreme Court of Idaho.

February 18, 1964.


Attorney(s) appearing for the Case

Calvin Dworshak, Jay L. Webb and L. E. Haight, Boise, for appellant.

Robert H. Remaklus, Cascade, Randall Wallis, Boise, for respondents.


KNUDSON, Chief Justice.

Under date of May 9, 1951, plaintiffs-respondents, D. K. Allen and Mary R. Allen, husband and wife, as lessors, entered into a mining lease with Warren Dredging Corporation, as lessee, whereby the lessee was granted the exclusive right during a period of twenty years to mine and extract from the leased premises, consisting of 160 acres, all minerals, ores, sands and mining products.

Under the terms of the lease the lessee agreed to...

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