Belle Cheney Springs Land & Development Co. v. Belle Cheney Sand & Gravel Co.

DORE, Judge.

The question involved in this case has reference to the amount of payment that is due as royalty to- the landowner on the gravel that is taken therefrom by a lessee to whom the land has been leased.

The contract provided for a payment of 3 cents per cubic yard for all gravel and sand mined or otherwise developed on the lands and actually shipped from the gravel plant proposed to be erected thereon, or disposed of or purchased from the plant or on the land.

As we understand from the record, the standard measurement of gravel known as sand-washed gravel is 2,700 pounds per cubic yard;…