Johnson v. Everidge

CAMMACK, Judge.

This action was instituted by the appel-lees, Ishmael Everidge and Martha Ever-idge, against the appellants, Mosey Johnson, Ralph Johnson and Farris Johnson (Johnson Mining Company) on September 29, 1955, for the cancellation of a coal lease on two tracts of land. The lease was executed March 16, 1955. The basis of the complaint of the appellees was that they had the right to cancel the lease because the appellants had failed to comply with a provision requiring commencement of mining operations “within a reasonable time.” This appeal is from a judgment entered July 25, 1956,…