Higgins v. California Petroleum & Asphalt Co.

Plaintiff brought this action to recover certain-royalties on certain bituminous rock and liquid asphaltum mined by defendants, for which they agreed to pay “the sum of fifty cents per ton for each and every gross ton.” The trial court, found “that the term ‘gross ton’ as used in the lease .... means two thousand two hundred and forty pounds,” and gave judgment for plaintiff accordingly. From this judgment plaintiff appeals on the judgment-roll alone. His contention is, that the ton contemplated by the contract is a ton of two thousand pounds. A contract of precisely the same terms, in…