Boron v. Smith

Dissenting Opinion by

Mu. Justice Bell:

I consider the majority’s decision very unfair. Plaintiff moved for judgment on the pleadings; the Court entered judgment for defendant without giving plaintiff an opportunity to amend.

*105Plaintiff avers tliat defendants orally agreed to a renewal of the lease and to waive written notice of plaintiff’s intention to renew the lease; and further, that plaintiff had paid defendants in full for all the coal in place, but had not been permitted to remove the coal for which it had paid in full. These averments in my opinion were sufficient to take the case to a…