Superior Elkhorn Coal Company v. Allen

Opinion op the Court by

Judge Richardson—

Reversing.

The Superior Elkhorn Coal Company was the owner of a coal mine located near Bosco, on Right Beaver creek, in Floyd county. R. D. Clere was in charge of its mine during the time the transactions involved in this action occurred. In September, 1927, he entered into a contract with Gearheart, Alien, and Allen by which it was agreed that the Superior Elkhorn Coal Company would furnish fuse, powder, dynamite caps, picks, and shovels and all other necessary mining supplies and pay to Gear-heart, Allen, and Allen $1.15 and $1.20 per ton for mining…