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Contracts Keyed to Summers
Mineral Park Land Co. v. Howard Cessation
Citation:
172 Cal. 289, 156 P. 458 (1916)Facts
Plaintiff was the owner of certain land in the ravine or wash known as the Arroyo Seco, in South Pasadena, Los Angeles county. The defendants had made a contract with the public authorities for the construction of a concrete bridge across the Arroyo Seco. In 1911, the parties entered into a written agreement whereby the plaintiff granted to the defendants the right to haul gravel and earth from plaintiff’s land, the defendants agreeing to take all of the gravel and earth necessary in the construction of the fill and cement work on the proposed bridge, the required amount being approximately 114,000 cubic yards. The plaintiff complained that the defendants had taken 50,131 cubic yards of earth and gravel.
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