QUILLIAN, Judge.
In 1966 the appellant and the appellee entered into a sale contract for fill dirt to be removed from the appellee's land by the appellant. The contract provided: "For the sum of .035 per yard, to be paid to me on basis of actual in place measurements at completion of job, I hereby grant to the Seaboard Air Line Railroad Company permission to remove dirt from that portion of my land described below: `An area or parcel of land near Clyo, Effingham County...
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