Walker v. Fitzgerald

McCALEB, Justice.

This controversy arises out of a contract executed by plaintiffs in 1939, styled as a “mineral lease”, wherein they conveyed to one Kerlin all of the sand and gravel in and under a certain tract of land in Grant Parish for a consideration of $25, plus payment of 4‡ per cubic yard for all gravel mined and removed from the property. The contract was subsequently assigned by Kerlin to the defendant; Fritzgerald, who thereafter (between 1940 and 1944) removed a large quantity of sand and gravel from the land making payment of 4‡ per cubic yard for all gravel withdrawn in…