Dixson v. C. & G. EXCAVATING, INC.

This is an appeal from a judgment denying cancellation of a mineral lease in a suit brought by the landowners, the Dixsons. We affirm.

On October 8, 1974, the Dixsons (husband and wife) entered into an agreement with C. G. Excavating, Inc., entitled "Option to Lease and Lease." This agreement allowed C. G. to strip mine coal from 100 acres of the Dixsons' land for five years, with an option to renew for five years, in exchange for $100, future royalties, and the performance of specified covenants. C. G. covenanted that it would reclaim the land, replacing top soil and planting grass or trees,…