Bates Sand & Gravel Co. v. Commonwealth

Bates and Sawyer executed two agreements,2 one dated October 1, 1970, and another dated December 18, 1970, and entitled “Agreement and Lease,” which in substantially the same language granted to Bates the right to enter upon a specified parcel of Sawyer’s land to remove sand, gravel, and stone in such quantities as Bates might desire. In addition to “One Dollar and other valuable consideration,” the agreements provided that Bates was to pay Sawyer a monthly compensation based on the amount of sand removed during the preceding month. By the terms of the December agreement Bates’ rights to…