Minnehaha Land & Investment Co. v. Consolidated Sand & Stone Co.

The facts in this case are stipulated. One G. K. Groth -was the owner of certain lands in Minnehaha county. Delbert Wheeler and his wife, Eva Wheeler, were copartners in the sand and gravel business operating under the name of Sioux Falls Sand Company. On ‘March 10, 1920, Groth and the Wheelers entered into an agreement for the purpose of allowing the Wheelers to move sand and gravel from the land owned by Groth for a period of twenty years. The agreement contained the provision as follows:

“It is further agreed that second party may use land for the purposes aforesaid, may remove the surface…