Lieberman v. Brittain Hendrickson Mining Co.

This is an appeal by defendant, D. K. Lieberman, from a judgment rendered by *260the Superior Court of Pima County sitting without a jury.

Considering the evidence "in the strongest manner in favor of the appellee” (Anderson v. Artesia Inv. Co., 66 Ariz. 335, 338, 188 P.2d 455, 457 (1948)) the facts are as follows. Plaintiffs, Brittain and Hendrickson, early in 1955 entered into an oral agreement with Nikas Mining Corporation, lessee of the Morning Star Mine in Pima County, whereby plaintiffs were given the right to remove tungsten ore from the mine, Nikas to receive a 25% royalty on all proceeds…