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SPOR v. CRESTED BUTTE SILVER MIN., INC.

No. 19403.

740 P.2d 1304 (1987)

Chad A. SPOR, Ray Spor, Paul C. Spor, Spor Brothers Motor Company, a Utah corporation, Spors, Inc., a Utah corporation, and Gold-Spor Mining Company, a Wyoming corporation, Plaintiffs and Respondents, v. CRESTED BUTTE SILVER MINING, INC., a Colorado corporation, Defendant, Third-Party Plaintiff, and Appellant, v. CANDELARIA METALS, INC., a Nevada corporation, Third-Party Defendant.

Supreme Court of Utah.

June 25, 1987.

Attorney(s) appearing for the Case

Earl Jay Peck, Douglas K. Pehrson, Salt Lake City, for Spors.

H. Wayne Wadsworth, R.L. Knuth, Salt Lake City, for Crested Butte.

Robert H. Wilde, Midvale, for Candelaria Metals.

STEWART, Associate Chief Justice:

The plaintiffs, the Spors,1 brought this action to declare a rescission or termination of a preincorporation contract they had entered with Crested Butte Silver Mining, Inc. Crested Butte counterclaimed against the Spors, alleging breach of contract and seeking specific performance. Crested Butte also sued Candelaria Metals, Inc., to compel Candelaria to release mineral properties covered by the preincorporation...

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