MINERAL PARK LAND CO. V. HOWARD
156 P. 458 (1916)
NATURE OF THE CASE: Howard (D) appealed a judgment in favor of Mineral (P) in an action
alleging D breached a gravel-hauling contract.
FACTS: P owned certain land known as Arroyo Seco in South Pasadena. D made a contract
with public authorities for the construction of a concrete bridge across the Arroyo Seco. P
and D entered into a written agreement whereby D was granted rights to haul gravel and earth
from P's land for the construction of the bridge. The estimate called for the removal of
114,000 cubic yards. D agreed to pay 5 cents per cubic yard for the first 80,000 yards, the
next 10,000 were free of charge and the balance was to be paid at the 5 cent rate. D only
used 50,131 yards but paid only $900. P sued for the balance of $1,606.55 and for a failure
to take more than 50,131 yards. P alleged that D procured 50,869 yards from another source.
D denied P's land contained enough earth and gravel in excess of what had been taken. The
trial court determined that only 50,131 yards were above the water level and that no greater
amount could have been taken from D's land except at a great expense and delay of up to
10-12 times the cost. It is also declared that the word 'available' is used in the findings
to mean capable of being taken and used advantageously. It was not 'advantageous or
practical' to have taken more material from plaintiff's land, but it was not impossible. P
got the judgment for the unpaid amounts plus judgment for the amounts not taken. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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