AMERICAN AGGREGATE CORP. v. OTTO BUEHNER & CO.

No. 13478.

528 P.2d 147 (1974)

AMERICAN AGGREGATE CORPORATION, a corporation, Plaintiff and Appellant, v. OTTO BUEHNER & COMPANY, a corporation, and Paul Beuhner, Defendants and Respondents, v. D. W. BRIMHALL, Additional Defendant on Counterclaim and Cross-Complainant.

Supreme Court of Utah.

October 31, 1974.


Attorney(s) appearing for the Case

Paul E. Reimann, Salt Lake City, for plaintiff and appellant.

Clifford L. Ashton of Van Cott, Bagley, Cornwall & McCarthy, Thomas A. Duffin, Salt Lake City, for Buehner.

John E. Runyan, Salt Lake City, for Brimhall.


ELLETT, Justice:

The plaintiff, hereinafter referred to as American, appeals from a judgment dismissing its complaint after a five-day trial to the court sitting without a jury.

There is no dispute in regard to the following matters:

1. Rigby had filed on land under the mining laws of the United States and was doing assessment work thereon.

2. Rigby leased the land to American and was to receive $1...

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