Keller v. Model Coal Company

97 S.E.2d 337 (1957)

Ira Junior KELLER

v.

MODEL COAL COMPANY et al.

No. 10832.

Supreme Court of Appeals of West Virginia.

Submitted January 22, 1957.

Decided March 19, 1957.

Dissenting Opinion April 11, 1957.

Charles V. Wehner, Kingwood, for appellant.

Charles H. Brown, Cramer W. Gibson, Kingwood, Hyer & Gibson, Elkins, for appellees.

DUCKER, Judge.

Plaintiff instituted in the Circuit Court of Preston County this suit in equity against the defendants to cancel a coal lease and option existing between the plaintiff and defendants on lands owned by plaintiff, and to obtain from defendants an accounting of…