Sanders v. Wilkerson

MORRIS, Judge.

Defendant argues in his brief that even though the written agreement was declared null and void, there was an oral agreement and plaintiff consented and agreed for defendant to go upon his lands and take the sand and gravel.

We said in Builders Supplies Co. v. Gainey, 14 N.C. App. 678, 681, 189 S.E. 2d 657 (1972) :

“While commercial gravel belongs to the mineral kingdom in that it is inorganic and formed by nature alone, it is not regarded as a mineral under the mining laws of North Carolina. Lillington Stone Co. v. Maxwell, 203 N.C. 151, 165 S.E. 351 (1932). (But see G.S.…