Seaboard Coast Line Railroad v. Metzger

Quillian, Judge.

In 1966 the appellant and the appellee entered into a sale contract for fill dirt to be removed from the appellee’s land by the appellant. The contract provided: "For the sum of .035 per yard, to be paid to me on basis of actual in place measurements at completion of job, I hereby grant to the Seaboard Air Line Railroad Company permission to remove dirt from that portion'of my land described below: 'An area or parcel of land near Clyo, Effingham County, Georgia, lying south of Savannah River and west of property of Seaboard Air Line Railroad and containing approximately 5…