WOODLEY v. ALLSTEAD

No. L-4265; CA 15904.

621 P.2d 612 (1980)

49 Or.App. 875

Myron C. WOODLEY, Respondent, v. W.W. ALLSTEAD, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1980.


Attorney(s) appearing for the Case

David C. Silven, Baker, argued the cause for appellant. With him on the briefs was Silven, Young & Schmeits, Baker.

John L. Jacobson, Baker, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


THORNTON, Judge.

Defendant appeals from a judgment declaring plaintiff owner of certain mining rights and holding that defendant had breached a lease agreement with plaintiff to mine a portion of plaintiff's claim. After viewing the area in question, the trial court ordered defendant to pay plaintiff $330 in damages, to account for ore mined and sold after plaintiff gave him notice to quit the premises and to cancel his claim to the extent it overlapped plaintiff...

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