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EVEN ODDS, INC. v. NIELSON

No. 10826.

448 P.2d 709 (1968)

22 Utah 2d 49

EVEN ODDS, INC., Plaintiff and Appellant, v. Milton C. NIELSON, Defendant and Respondent.

Supreme Court of Utah.

December 18, 1968.

Attorney(s) appearing for the Case

George M. McMillan, David S. Dolowitz, Salt Lake City, for plaintiff and appellant.

Duane A. Frandsen, Price, L. Robert Anderson, Monticello, for defendant and respondent.

CROCKETT, Chief Justice:

Plaintiff, Even Odds, Inc., as owner and lessor of mining claims, known as the Pete claims in San Juan County, sued its lessee, Milton C. Nielson, on two causes of action: (1) for damages of $50,000 for breach of restrictions in the lease; and (2) for $60,000, trebled for alleged wrongful removal of ore.

After a trial to the court judgment was given to the plaintiff on its first cause of action in the amount of $9,000, but allowed...

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