EVANS CLAY COMPANY v. SIMS

38876.

250 Ga. 173 (1982)

296 S.E.2d 587

EVANS CLAY COMPANY et al. v. SIMS et al.

Supreme Court of Georgia.

Rehearing Denied November 10, 1982.


Attorney(s) appearing for the Case

Boone, Scott & Boone, Walter A. Scott, Kilpatrick & Cody, Thomas C. Harney, Kevin B. Buice, William B. Gunter, for appellants.

Robert M. Margeson III, Groover & Childs, Denmark Groover, Jr., for appellees.

Philip B. Spivey, Cashin & Davis, Harry L. Cashin, Jr., William T. McKenzie, King & Spalding, Frank C. Jones, Chilton Davis Varner, John B. Harris, Jr., William C. Harris, Sutherland, Asbill & Brennan, D. Robert Cumming, Jr., C. Christopher Hagy, Timothy W. Floyd, Dickens, Mangum, Burns & Moore, Charles E. Moore, amici curiae.


WELTNER, Justice.

Summary judgment granted on motion of the Sims heirs cancelled a clay-mining lease upon findings and conclusions by the trial court that the lessee, Evans Clay Company, materially had breached the accounting provision of the lease by calculating certain royalty payments made to the Sims heirs, as lessors, based on volumes of unprocessed clays, rather than upon weighed tonnages of clays processed and shipped. The lessee appeals.

The Sims heirs...

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