MARTSCH v. NELSON

No. 14880.

705 P.2d 1050 (1985)

109 Idaho 95

August MARTSCH; Vilma Martsch; Hulda Kerbs and August Martsch as personal representative of the estate of William B. Bonnicksen, Plaintiffs-Respondents, v. Gerry B. NELSON; David F. Nelson; Arlond E. Sharp; Golden Dream Mining Company, Inc., and John Does 1-10, Defendants-Appellants.

Court of Appeals of Idaho.

Petition for Review Denied November 20, 1985.


Attorney(s) appearing for the Case

Brent T. Robinson of Ling, Nielsen & Robinson, Rupert, for defendants-appellants.

William L. Nungester and John Hohnhorst of Hepworth, Nungester & Felton, Twin Falls, for plaintiffs-respondents (on appeal only).


SWANSTROM, Judge.

Plaintiffs brought this action to quiet title to certain mining claims and to have the court declare void or unenforceable a mining agreement with defendants who had been operators of plaintiffs' gold mill and mining property. Damages were also sought for improper maintenance of the mill. The operators counterclaimed, seeking to specifically enforce the agreement and to collect damages for wrongful eviction...

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