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  5. 176 Cal.App.2d 169 (1959)
 

SAND v. CONCRETE SERVICE CO.

Docket No. 18017.

176 Cal.App.2d 169 (1959)

1 Cal. Rptr. 257

HENRY SAND et al., Appellants, v. CONCRETE SERVICE COMPANY (a Partnership) et al., Respondents.

Court of Appeals of California, First District, Division Two.

December 14, 1959.

Attorney(s) appearing for the Case

Johnson, Thorne, Speed & Bamford for Appellants.

Boccardo, Blum, Lull, Niland & Teerlink and Edward J. Niland for Respondents.

DOOLING, Acting P.J.

On August 25, 1953, the parties executed a written contract for the purchase and removal by defendants from a quarry property owned by plaintiffs of sand, gravel and other construction aggregates (hereafter called aggregates) at an agreed price of 15 cents per ton with a minimum agreed payment of $1,000 per month. The real property involved contained deposits of both clay and aggregates which lay in strata one above the other. By the terms

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