SCRUGGS v. CLARK

No. 38232.

213 Miss. 290 (1952)

56 So.2d 805

SCRUGGS, et al. v. CLARK, et al.

Supreme Court of Mississippi.

February 11, 1952.


Attorney(s) appearing for the Case

W. Arlington Jones, for appellants.

A.F. Kelly and T. Price Dale, for appellees.


Alexander, J.

Bill was filed by appellees to cancel a sand and gravel lease to appellants. The lease contained the following condition: "4. This lease contract shall remain in full force for said period of Ten (10) years from this date, provided said land shall yield sufficient sand and gravel to justify the mining of same for said period of time; but it is distinctly understood and agreed that operations by parties of the second part are to be continuous...

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