Legal Opinion

Lochwitz v. Pine Tree Mining & Milling Co.

Utah Supreme Court

Decided April 5, 1910No. 2092PublishedCited by 11 opinions

Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Adolpb Lochwitz and another against the Pine Tree Mining & Milling Company. Judgment for defendant. Plaintiffs appeal.

1Opinion of the CourtFkicx, J.

Tbe appellants brought this action against the respondent, a corporation, to recover damages for an alleged breach of contract. In February, 1907, appellants and respondent entered into a contract whereby it was agreed that appellants ’should take possession of respondent’s mine and develop certain specified portions thereof by working a certain number of men for a specified time. ■ For all ores mined and sold appellants were to allow respondent a certain per cent., denominated “royalty.” As a part of the foregoing agreement, appellants were also given an option to purchase respondent’s mine…

2Cases cited2 opinions

  1. Blood v. La Serena Land & Water Co.California Supreme Court · 1896
  2. First National Bank v. DrakeSupreme Court of Kansas · 1883

3Cited by11 opinions

  1. Western Securities Co. v. Silver King Consol. Mining Co. of UtahUtah Supreme Court · 1920
  2. Carlquist v. QuayleUtah Supreme Court · 1923
  3. Copper King Mining Co. v. HansonUtah Supreme Court · 1918
  4. Anderson v. Grantsville North Willow Irrigation Co.Utah Supreme Court · 1917
  5. Aggeller & Musser Seed Co. v. BloodUtah Supreme Court · 1928

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