Grove v. Winter

Plaintiffs, Elza and Rosemarie Grove, own 60 acres of land in Shelby County, Illinois. Plaintiffs entered into a lease mining agreement with defendants, Stanley and Virgil Winter, giving defendants the right to mine and remove limestone from plaintiffs’ land for 30 years, in return for a royalty for the limestone mined. During the mining operation, defendants removed overburden 1 from plaintiffs' land and used it for defendants’ benefit.

Plaintiffs filed suit against defendants for breach of contract seeking damages for conversion of overburden and for failure to pay royalties for the…