Wando Phosphate Co. v. Gibbon

Citations

• 28 S.C. 418
• 5 S.E. 837
• 1888 S.C. LEXIS 61

Syllabus

<p>1. A, the owner of a phosphate mine, covenanted under seal with B as follows: A was to furnish the plant and B was to work the mine and receive $4.75 for every ton prepared for shipment and was “to mine not less than 2,000 tons within one year, and not less than 4,000 tons for each and every succeeding year until the mines are exhausted.” B was also “to have the use of the houses now standing on the said lands” of A. Held, that there was nothing in this contract that required A to continue operations until the mine was exhausted, but a mere employment involving only the personal services of B, and giving to B no right to the possession after notice to quit.</p> <p>2. If the contract was to continue until the mines were exhausted, B could not hold the property after demand by A for its possession, but his only remedy would be an action for damages for breach of contract.</p>