Tungsten Products, Inc. v. Kimmel

The defendants, Offa M. Kimmel, Mabel Kimmel, Keturah C. Kimmel, A. W. Kemp, and J. M. Fitzpatrick, are the owners, as tenants in common, of mining contracts or leases to certain state lands in Stevens county. July 28, 1938, the defendants entered into a contract for the sale of their interests to plaintiff. Plaintiff paid two thousand dollars in cash upon the contract price of one hundred and fifty-two thousand dollars. The balance was to be paid out of royalties from the proceeds of sales of minerals extracted from the property. Among the covenants undertaken by plaintiff was one to the…