Brewer v. Forest Gravel Co.

ST. PAUL,' J.

On February 28, 1929, plaintiff leased to defendant for 10 years a certain gravel pit, and the pertinent clauses of said lease, so far as they concern this controversy, are as follows: “The lessee shall have the right to mine, extract, remove and take from said premises, all the merchantable and marketable sand, gravel and stone, on, in, or under said premises. The lessee shall pay the lessor for all material mined and shipped from said premises at the rate of 50 cents per carload for all sand and $1.80 per carload for all other material * * * removed and shipped by the lessee.”

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