Molag, Inc. v. Climax Molybdenum Co.

TAMILIA, Judge:

Appellant, Climax Molybdenum Company (Climax), appeals from the judgment entered after denial of its motion for post-trial relief following a nonjury trial in which a verdict was entered in favor of appellee, Molag, Inc., in the amount of $397,150.

The parties originally entered into a mining lease on December 6, 1982 for Molag to remove slag from Climax’s premises. Through the years, several addenda were entered into with the final contract for three years being signed December 1, 1990. In May 1991, Molag removed 113 tons of slag from a pile appellant claims was outside the…