L.M. White Contracting Co. V. Tucson Rock And Sand Co‪.‬

This litigation between Tucson Rock and Sand Company as plaintiff and L. M. White Contracting Company as defendant arose out of the latter's refusal to permit the plaintiff to enter upon land owned by the defendant and to remove sand and gravel therefrom. The case was tried to the court sitting without a jury and extensive findings of fact and conclusions of law were rendered. The issues as to plaintiff's right to enter and remove gravel were resolved in its favor, hence this appeal. The trial court, however, denied plaintiff's claim for damages for the period in which its right was denied, which ruling is subject of the cross appeal.