Cronkhite v. Falkenstein

JACKSON, Justice.

This is an appeal by J. T. Cronkhite, plaintiff, from judgment for defendant, R. A. Falkenstein, in an action to construe a mineral deed from defendant to plaintiff, to quiet title to certain minerals, and for an accounting.

Plaintiff sold certain land to defendant in 1943, taking the above-mentioned mineral deed from defendant in lieu of reserving same. It is plaintiff’s contention that the said mineral deed should be construed to include gypsum rock, large quantities of which were sold by defendant to various contractors and removed from the land by open-pit mining or…