By the written instrument involved the defendants purported to lease to the plaintiff seventy acres of land for ninety-nine years for the sum of five cents for every ton of sand and gravel taken therefrom. The plaintiff did not by any express terms agree to take any sand and gravel. He claimed that such a promise existed by implication. The Official Referee held the agreement void for lack of mutuality and consideration.
Judgment and order unanimously affirmed...
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