Foster v. Crabtree

Ed. F. McFaddin, Justice.

Appellants (plaintiffs below) sought to cancel a stone quarry lease which they had executed to appellee, Crabtree (defendant below). The lease, dated May 8, 1951, provided, inter alia, that Crabtree: (a) would develop the quarry without subleasing it; (b) would pay royalty of 20c per ton on all “normal” stone sold, and 10c per ton on all waste stone; (c) would furnish Foster copies of all weight- tickets; (d) would pay royalty semi-monthly; and (e) would agree to cancellation of lease if he did not fulfill the said agreements.

On January 11,1952, this suit was filed,…