Evans Clay Co. v. Sims

Weltner, Justice.

Summary judgment granted on motion of the Sims heirs cancelled a clay-mining lease upon findings and conclusions by the trial court that the lessee, Evans Clay Company, materially had breached the accounting provision of the lease by calculating certain royalty payments made to the Sims heirs, as lessors, based on volumes of unprocessed clays, rather than upon weighed tonnages of clays processed and shipped. The lessee appeals.

The Sims heirs accepted payments calculated on this volume basis for limited portions of the lease term. A designated representative of the Sims heirs…