G.E.J. Corporation and M.F. Corporation v. Uranium Aire, Inc., a Corporation

KOELSCH, Circuit Judge.

This is a suit to recover on an option for the sale of mining claims. The court below gave judgment for the plaintiffs and defendants appeal.

On January 12, 1956, appellees granted appellant, G. E. J. Corporation (GEJ), an option to purchase appellees’ property. The option contained the following clause:

“4. During the option period, Purchaser agrees to mine not less than 8400 tons of ore of a minimum average grade of at least .14% U308, or, if the average quality of ore is higher than .14% U308, Purchaser agrees to mine such smaller tonnage of ore as shall have a value…