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SILVER SURPRIZE v. SUNSHINE MINING

No. 1318-43052-3.

15 Wn. App. 1 (1976)

547 P.2d 1240

SILVER SURPRIZE, INC., Appellant, v. SUNSHINE MINING COMPANY, Respondent.

The Court of Appeals of Washington, Division Three.

March 4, 1976.

Attorney(s) appearing for the Case

John L. Neff and Witherspoon, Kelley, Davenport & Toole, for appellant.

Leo J. Driscoll and Winston, Cashatt, Repsold, McNichols, Connelly & Driscoll, for respondent.

GREEN, J.

This is a contract action1 brought by the plaintiff, Silver Surprize, Inc., against the defendant, Sunshine Mining Co., to require defendant to account for ore removed from the "Yankee Girl Vein" (YGV) within plaintiff's mining claim or, alternatively, for cancellation of the contract. In defense, Sunshine asserts that, because it owns the extralateral rights to the YGV, that vein is...

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