OLSON v. PEDERSEN

No. 39859.

231 N.W.2d 310 (1975)

194 Neb. 159

J. Myron OLSON, Appellant, Cross-Appellee, v. Louis PEDERSEN and Alice Pedersen, husband and wife, Appellees, Cross-Appellants.

Supreme Court of Nebraska.

June 19, 1975.


Attorney(s) appearing for the Case

Gleysteen, Harper, Kunze, Eidsmoe & Heidman, Sioux City, Iowa, Sandra K. Olejniczak, South Sioux City, for appellant.

Smith, Smith & Boyd, South Sioux City, for appellees.

Heard before SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.


CLINTON, Justice.

This multifaceted action arises out of a gravel mining lease between the defendant landowners, Pedersens, as lessors, and the plaintiff, J. Myron Olson, as lessee.

The nature of the case and the issues involved make it desirable to first set forth some background facts. In 1967 the parties made their first lease agreement. It provided for payment of a 20 cents per yard royalty with a minimum payment of $500 per year and contained provisions...

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