Puget Mill Co. v. Duecy

On the theory that defendant’s removal of sand and gravel from land in Snohomish county, sold to defendant by plaintiff under an executory written contract, constituted a breach of a provision of the contract which reserved unto plaintiff seller absolute rights to all minerals in or upon the land, plaintiff brought this action to restrain defendant from further removing sand and gravel from the land covered by the contract of sale and to recover the value of all sand and gravel, theretofore removed by defendant from the land in question. Upon the ground that the complaint did not state facts…