Sand v. Concrete Service Co.

On August 25, 1953, the parties executed a written contract for the purchase and removal by defendants from a quarry property owned by plaintiffs of sand, gravel and other construction aggregates (hereafter called aggregates) at an agreed price of 15 cents per ton with a minimum agreed payment of $1,000 per month. The real property involved contained deposits of both clay and aggregates which lay in strata one above the other. By the terms of the contract defendants were entitled only to remove the aggregates, the clay being reserved for sale to another party. A contract for the sale of the…