Ammendale Normal Institute, Inc. v. Schrom Construction, Inc.

A property owner here complains because a party was permitted to continue to remove sand and gravel from the owner’s property after bringing to date royalty payments which had been in arrears. We conclude that the chancellor properly denied injunctive relief, but gave the wrong reasons for that denial.

Appellant, Ammendale Normal Institute, Inc. (Ammendale) , a religious facility conducted by the “Christian Brothers,” entered into a written agreement in 1963 with appellee, Schrom Construction, Inc. (Schrom), under which Schrom was “to mine sand and/or gravel” from the land of Ammendale, paying…