Silver Surprize, Inc. v. Sunshine Mining Co.

The plaintiff (appellant), Silver Surprize. Inc., an Idaho corporation, brings this action under an agreement entered into with the defendant (respondent), Sunshine Mining Company, a Washington corporation, seeking damages and other alternative remedies. The defendant’s answer and amended answer admitted the contract, and set up six affirmative defenses: (1) extralateral rights, (2)'. adverse possession, (3) statute of limitations, (4) laches, (5) lack of an indispensable party (Sunshine Consolidated), and (6) failure of the plaintiff to tender back the benefits received under the contract.…