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DULIN v. WEST

No. 74-107.

528 P.2d 411 (1974)

Robert S. DULIN, Plaintiff-Appellee, v. George A. WEST and Maurice L. Ownbey, his heirs, devisees and assigns, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

October 6, 1974.

Attorney(s) appearing for the Case

Spurgeon, Aman & Hanes, Gregory R. Piche, Colorado Springs, for plaintiff-appellee.

Hochstadt & Straw, Jordan Hochstadt, Denver, Roger M. Breyfogle, Canon City, for defendants-appellants.

Selected for Official Publication.

KELLY, Judge.

George West, the lessee of property on which there was a peat bog, appeals from a judgment quieting title in Robert Dulin, its present owner. We affirm.

The lease, executed by Dulin's predecessor in title for the purpose of mining peat moss on a 240-acre tract, provided for an annual rental of $10 plus a ten per cent royalty on all peat moss extracted. The royalty...

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