American Aggregate Corp. v. Otto Buehner & Co.

ELLETT, Justice:

The plaintiff, hereinafter referred to as American, appeals from a judgment dismissing its complaint after a five-day trial to the court sitting without a jury.

There is no dispute in regard to the following matters:

1. Rigby had filed on land under the mining laws of the United States and was doing assessment work thereon.

2. Rigby leased the land to American and was to receive $1.50 per ton royalty for all quartz aggregate mined and sold, and American was to do the assessment work.

3. The mineral on the claim was a unique white quartzite used in making concrete slabs for use in…