Weyerhaeuser Real Estate Co. v. Stoneway Concrete, Inc.

*883Ringold, J.

—Weyerhaeuser Real Estate Company (Weyerhaeuser), the lessor, appeals the trial court's judgment denying its claim for rental due under a mining lease on the basis of commercial frustration. Stoneway Concrete, Inc. (Stoneway), the lessee, cross-appeals the trial court's dismissal of its other affirmative defenses. We conclude that the trial court erred in relieving the lessee Stoneway of its obligations under the theory of commercial frustration and therefore reverse.

On September 15, 1969, the parties entered into a 9-year mineral lease for the strip mining for sand and gravel of a…