What is the legal basis for royalty derived from a lease of land held for the purpose of making bricks?
Alberta, Canada
The following excerpt is from Skyeland Oils Ltd. v. Great Northern Oil Ltd., 1976 CanLII 318 (AB QB):
He then referred to the judgment of Lord Denman C.J. in Regina v. Westbrook; Regina v. Everist (1847), 10 Q.B. 178 at 204, 16 E.R. 69, who was called upon to decide the legal nature of a royalty derived from a lease of land held for the purpose of getting clay to make bricks and concluded: "… it is the compensation which the occupier pays the landlord for that species of occupation which the contract between them allows."
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