Home/Court of Appeals of Washington/Silver Surprize, Inc. v. Sunshine Mining Co.

Silver Surprize, Inc. v. Sunshine Mining Co.

547 P.2d 1240, 15 Wash. App. 1, 1976 Wash. App. LEXIS 1355
CourtCourt of Appeals of Washington
DecidedMarch 4, 1976
Docket1318-43052-3
StatusPublished
Cited by11 cases

This text of 547 P.2d 1240 (Silver Surprize, Inc. v. Sunshine Mining Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Silver Surprize, Inc. v. Sunshine Mining Co., 547 P.2d 1240, 15 Wash. App. 1, 1976 Wash. App. LEXIS 1355 (Wash. Ct. App. 1976).

Opinions

Green, J.

This is a contract action1 brought by the [3]*3plaintiff, Silver Surprize, Inc., against the defendant, Sunshine Mining Co., to require defendant to account for ore removed from the “Yankee Girl Vein” (YGV) within plaintiff’s mining claim or, alternatively, for cancellation of the contract. In defense, Sunshine asserts that, because it owns the extralateral rights to the YGV, that vein is not covered by the contract and, therefore, an accounting is not required. Alternatively, Sunshine contends the action is barred by statutes of limitation and laches. While the trial court refused to find that Sunshine owned extralateral rights in the YGV, it did find that the YGV was not subject to the contract and, even if it were, Sunshine acquired title to the ore removed by ouster of its cotenant, Silver Sur-prize, through adverse possession. Further, the court held the action was barred by statutes of limitation and laches and denied Silver Surprize’s request to cancel the contract. Both parties appeal from a judgment of dismissal.

The factual background is as follows: Silver Surprize owns a mining claim in the Coeur d’Alene Mining District near Kellogg, Idaho. This claim is located near claims owned by Sunshine and borders other mining claims in which Sunshine has contractual interests:2

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Silver Surprize, Inc. v. Sunshine Mining Co.
547 P.2d 1240 (Court of Appeals of Washington, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
547 P.2d 1240, 15 Wash. App. 1, 1976 Wash. App. LEXIS 1355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-surprize-inc-v-sunshine-mining-co-washctapp-1976.