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FOSTER v. CRABTREE

No. 5-38.

256 S.W.2d 722 (1953)

FOSTER et al. v. CRABTREE.

Supreme Court of Arkansas.

April 13, 1953.

Attorney(s) appearing for the Case

O. D. Longstreth, Jr., Dave E. Witt and Joseph Brooks, Little Rock, for appellants.

Rose, Holland, Holland & Smith, Ft. Smith, for appellee.

McFADDIN, Justice.

Appellants (plaintiffs below) sought to cancel a stone quarry lease which they had executed to appellee, Crabtree (defendant below). The lease, dated May 8, 1951, provided, inter alia, that Crabtree: (a) would develop the quarry without subleasing it; (b) would pay royalty of 20 per ton on all "normal" stone sold, and 10 per ton on all waste stone; (c) would furnish Foster copies of all weight tickets; (d) would pay royalty semimonthly; and...

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