Giudicy v. Giudicy Marble, Terrazzo & Tile Co.

BOHLING, Commissioner.

Paul M. Giudicy and Melva M. Giudicy, husband and wife, sued the Giudicy Marble, Tcrrazzo & Tile Company, a corporation, in three counts. We designate the parties as in the trial court. Plaintiffs, in Count I, sought a recovery for a balance allegedly due under a lease on premises owned by them for royalties based upon the tonnage of rock removed by defendant in operating a quarry from March 3, 1941, and prior to October 1, 1956. They claimed damages against defendant for trespassing upon and removing stone from their land beyond said leased premises in Count II and…