Baggett v. Mid-State Sand & Gravel Co.

CULPEPPER, Judge.

The plaintiff, L. M. Baggett, alleging himself to be the owner of certain land, filed a rule to evict therefrom the defendant, Mid-State Sand & Gravel Company, Inc. He contends defendant’s sand and gravel lease has terminated. Defendant answered, contending the lease is still in effect. From a judgment dismissing his suit, plaintiff appealed.

The issue is the interpretation of provisions in the lease that the primary term is five years “or as long thereafter as merchantable sand or gravel or either of them is produced therefrom.” Plaintiff contends that under the holding of…