Rogers v. Salisbury Brick Corp.

Finney, Justice:

Appellant B. W. Rogers and respondent Salisbury Brick Corporation entered into a lease agreement which granted respondent the right to remove certain minerals from appellant’s property. Appellant brought this action seeking rescission of the lease agreement, damages, an accounting and injunctive relief. The trial court determined that appellant was not entitled to any relief. We remand this case for an accounting.

Under the lease agreement entered into on July 29, 1983, respondent acquired the right to mine brick clay, sand clay and topsoil from appellant’s property. The lease…