Burger v. Western Sand & Gravel Co.

STOKES, Justice.

On September 12, 1939, J. L. Bivins executed a lease to S. F. Sullenberger in which 3556 acres of land located in Oldham County, were leased for the purpose of producing and removing rock, sand and gravel: The lease provided for a royalty to be paid to the lessor of 10‡ per cubic yard for commercial materials removed and 5(⅞ per. cubic yard for railroad ballast - removed from the land. Appellee, Western Sand and Gravel Company, is a domestic corporation, organized by S. F. Sullenberger a few years prior to the date of the lease, with a capital stock of 40,000 shares of the par…