Legal Opinion

Utex Exploration Company v. Archie Garwood, R. C. Gerlach and W. E. Bozman

Court of Appeals for the Tenth Circuit

Decided July 8, 1957No. 5541PublishedCited by 10 opinions

1Opinion of the Court

MURRAH, Circuit Judge.

In this suit by mining lessees against their lessor for wrongful eviction, the trial court found for the lessees, and entered judgment based upon the “in place” value of the ore remaining on the leased premises at the time of the eviction.

Actionable eviction turns on the interpretation of a two-year mining lease contract, beginning February, 1953, covering a portion of an unpatented mining claim in San Juan County, Utah. In addition to the usual covenants for diligent and workmanlike operations, the contract specifically obligated the lessees to immediately commence the…

2Cases cited16 opinions

  1. Bu-Vi-Bar Petroleum Corporation v. KrowCourt of Appeals for the Tenth Circuit · 1930
  2. State Ex Rel. Snidow v. State Board of EqualizationMontana Supreme Court · 1932
  3. Brimmer v. Union Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1936
  4. Paul v. CragnazNevada Supreme Court · 1900
  5. Phillips Petroleum Co. v. McCormick McCormick v. Phillips Petroleum CoCourt of Appeals for the Tenth Circuit · 1954

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. United California Bank v. Prudential Insurance Co. of AmericaCourt of Appeals of Arizona · 1983
  2. The Colorado Milling & Elevator Co., a Corporation v. Chicago, Rock Island & Pacific Railroad Co., a CorporationCourt of Appeals for the Tenth Circuit · 1967
  3. United States v. Irene Essley, Irene Essley, Cross-Appellant v. United States of America, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1960
  4. Ryder Truck Rental, Inc. v. Central Packing Company, Inc.Court of Appeals for the Tenth Circuit · 1965
  5. Whitebird v. Eagle-Picher Co.Court of Appeals for the Tenth Circuit · 1968

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API