Martsch v. Nelson

SWANSTROM, Judge.

Plaintiffs brought this action to quiet title to certain mining claims and to have the court declare void or unenforceable a mining agreement with defendants who had been operators of plaintiffs’ gold mill and mining property. Damages were also sought for improper maintenance of the mill. The operators counterclaimed, seeking to specifically enforce the agreement and to collect damages for wrongful eviction from the property before the end of the contract period. After a trial, the judge ruled the contract valid but no longer in effect. The owners were awarded $7,000 damages…