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YEADON v. GRAHAM

540 P.2d 1007 (1975)

John YEADON and Samuel H. Nelson, Appellants, v. Daniel A. GRAHAM et al., Respondents.

Supreme Court of Oregon.

Decided October 2, 1975.

Attorney(s) appearing for the Case

Michael B. Dye, Salem, argued the cause for appellants. On the briefs were Dye & Olson and Rolf T. Olson, Salem.

H.W. Devlin, McMinnville, argued the cause and filed the brief for respondents Daniel A. and Shirley Graham.

Willard L. Cushing, McMinnville, argued the cause for respondent Peter Kiewit Sons Co. On the brief with him were Marsh, Marsh, Cushing & Haugeberg, McMinnville.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

TONGUE, Justice.

This is a suit for an injunction and declaratory judgment involving a 1966 mineral lease giving plaintiffs the right to remove rock from land owned by defendants Graham near Gaston in Yamhill County. Claiming that the lease had been terminated, defendants Graham entered into another lease in 1974 with defendant Peter Kiewit Sons Co. to remove rock from the same land for use in construction of the Scoggins Valley Dam.

The trial court held by...

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