California Court of Appeal December 14, 1959, Civ. 18017 (Sand v. Concrete Service Co.)

DOOLING, Acting P. J.

On August 25, 1953, the parties executed a written contract for the purchase and removal by defendants from a quarry property owned by plaintiffs of sand, gravel and other construction aggregates (hereafter called aggregates) at an agreed price of 15 cents per ton with a minimum agreed payment of $1,000 per month.