AMERICAN GYPSUM TRUST v. GEORGIA-PACIFIC CORP.

No. 12887.

512 P.2d 658 (1973)

30 Utah 2d 6

AMERICAN GYPSUM TRUST, a common law trust, et al., Plaintiffs and Respondents, v. GEORGIA-PACIFIC CORPORATION, a Utah corporation, et al., Defendants and Appellants.

Supreme Court of Utah.

July 16, 1973.


Attorney(s) appearing for the Case

George W. Latimer, Keith E. Taylor and Roy B. Moore, of Parsons, Behle & Latimer, Salt Lake City, for appellants.

Dennis McCarthy, Clifford L. Ashton, and C. Keith Rooker, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Ken Chamberlain, of Olsen & Chamberlain, Richfield, for respondents.


HENRIOD, Justice:

Appeal from a judgment in a case tried to the court for breach of a mining lease. Affirmed, with modification, the parties to bear their own costs.

A 50-year lease with option to renew was executed in 1946 by plaintiff's predecessor, lessor, and one Eliason, lessee, who in turn was defendant's predecessor, fourth removed. The pertinent provisions in this case were: 1) to pay as royalty and rentals a) 11 cents per ton of material removed,...

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