Jeffery v. Starr

We think the foregoing is not a proper statement of the law applicable to this case under the terms of the contract made by the parties. By the terms of the first portion of that contract the purchaser could remove all the sand on the twelve acres of land and by the latter portions of the contract the purchaser was obligated to remove 3,000 tons of the sand per year for a period of five years and was entitled to no extension of the contract because he had not removed the full amount so required to be removed. After removing a substantial quantity of sand, the evidence tends to show that he…