Silver Surprize, Inc. v. Sunshine Mining Co.

By a divided decision, the Court of Appeals reversed a trial court judgment in favor of the defendant. The Court of Appeals remanded for a determination of damages. Defendant appeals the reversal and plaintiff seeks review of the remand. Silver Surprize, Inc. v. Sunshine Mining Co., 15 Wn. App. 1, 547 P.2d 1240 (1976). We affirm the Court of Appeals.

While the complicated facts are aptly summarized in the Court of Appeals opinion, a brief resume' is necessary. The dispute centers about defendant Sunshine's removal of ore from the Yankee Girl Vein (YGV) within a group of mining claims…