Logan v. State Gravel Co.

Plaintiff and defendant executed a contract, which they termed a lease, the substance of which was that for a term of 10 years plaintiff let and granted to defendant a certain plantation "for the purpose of excavating and removing from said leased premises sand and gravel"; the consideration therefor being that defendant should pay "for all gravel removed from said land a royalty of five (5) cents per ton of 2,000 pounds, and for all sand shipped from said leased land a royalty of two (2) cents per ton of 2,000 pounds, * * * the minimum rent or royalty * * * to be $250 per month."

Defendant…