Clearwater Minerals Corp. v. Presnell

BURNETT, Judge.

This is an action for misrepresentation and breach of warranty in a transaction involving an assignment of mining rights. The district court dismissed the complaint, ruling that no warranty had been made, that the plaintiff had waived any claim against the defendants, and that the plaintiff had failed to prove damages. We vacate the district court’s judgment and remand the case.

The mining rights in question were assigned by Sam Presnell and family to Albert and Elvin Nelson. The Nelsons subsequently reassigned those rights to the eventual plaintiff, Clearwater Minerals…