North American Refractories Co. v. Jacobs

CLAY, Commissioner.

This suit was brought by appellee, the lessor in a clay mining lease, for a declaration of rights and for alternative and supplemental relief. Appellee asserted the lease had terminated. The Chancellor adjudged (1) the lease had been extended, and (2) appellant lessee would be required to mine not less than 1,200 tons of clay every six months until all the usable clay had been mined from the tract.

Appellant lessee contends the judgment was erroneous in fixing new terms of the lease. Appellee lessor, by cross-appeal, takes the position that the Chancellor should have…