Chord v. Pacer Corp.

WOLLMAN, Justice.

This is an appeal from a judgment rendering appellant liable for the royalty on tantalum ore removed from a mine leased by appellees to appellant. We affirm.

Appellees are the children of Roy Chord, who is now deceased. In 1970, Roy Chord and his wife, appellees’ stepmother, entered into a mining lease with Robert Cullum. In 1972, the Chords and Robert Cullum formed Pacer Corporation and the terms of the 1970 lease were continued, with Mr. and Mrs. Chord leasing to Pacer Corporation. After Mr. Chord died in 1976, appellees became the royalty owners of the minerals in the Etta…