U-BEVA MINES v. TOLEDO MINING COMPANY

No. 11960.

471 P.2d 867 (1970)

24 Utah 2d 351

U-BEVA MINES, a corporation, Plaintiff and Appellant, v. TOLEDO MINING COMPANY, formerly American Mining Company, a corporation, Defendant and Respondent.

Supreme Court of Utah.

July 7, 1970.


Attorney(s) appearing for the Case

McCullough & McCullough, Leland S. McCullough, Salt Lake City, for plaintiff and appellant.

Pugsley, Hayes, Watkiss, Campbell & Cowley, James P. Cowley, Glen E. Davies, Salt Lake City, for defendant and respondent.


HENRIOD, Justice:

Appeal from a no-cause judgment in a suit instituted 1) to cancel a mining lease with purchase option and 2) to recover damages for depositing tailings on the subject property. Affirmed, with costs to Toledo.

No one seems to have expressed any concern as to whether this action is one in equity, at law, or both. We think it immaterial, since the competent, admissible facts predominate in favor of affirmance,1 and...

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