Adams v. Washington Brick, Lime & Manufacturing Co.

Citations

• 38 Wash. 243
• 80 P. 446
• 1905 Wash. LEXIS 1156

Syllabus

<p>Appeal—Exceptions—Necessity of—Review—Findings Not Justifying Decree. It is unnecessary to except to the conclusions of law or the findings, where the appellant’s contention is that the findings of fact do not justify the judgment or decree.</p> <p>Contracts—Construction—Agreement for Royalty on Clay —Lease—Five Year Period—Termination—Exhaustion of Clay Before Expiration of Term. An agreement in the form of a lease of land containing clay suitable for brick making, whereby the owner lets the premises for the term of five years, in consideration of a certain royalty on the brick manufactured by the lessee from clay taken from the land, and providing that the royalty shall not be less than §200 each year, which is agreed to be paid in any event, presupposes the existence of sufficient clay for operations throughout the five-year term, .and is terminated upon exhausting the clay; since brick making was not a mere incident to the contract, which was more than a mere lease, especially in view of a provision that the premises should not be used for any other purpose.</p>