Rimledge Uranium & Mining Corp. v. Federal Resources Corp.

CALLISTER, Justice.

Plaintiffs instituted this suit for an accounting of royalties due from defendants and for a declaratory judgment as to the ■proper basis for determining the royalties. From a summary judgment in favor of defendants, plaintiffs appeal.

In 1953 Robert B. Daniel and A. T. Pryor, Sr. located upon the Colorado Plateau some mining claims known as the “Radon group.” In the same year these locators executed a mining deed to one Reuckhaus, as trustee, in which was reserved “a royalty of fifteen per cent (15%) of all gross proceeds from the sale of ore from said claims, the gross…