Hubscher & Son, Inc v. Storey

Defendants appeal as of right from an order denying defendants’ motion for summary disposition and granting plaintiff’s motion for summary disposition. We affirm in part, reverse in part, and remand.

In 1960, defendants’ and plaintiff’s predecessors in interest entered into a sand and gravel contract granting plaintiff’s predecessor the exclusive right to extract sand and gravel from deposits on defendants’ predecessors’ property in exchange for an annual payment of a minimum royalty. Defendants, who amended the contract in 1987, terminated the contract in 1995 because it had been in existence…