Davis v. Wilson

Opinion by

Ross, J.,

This is an appeal by the defendant from a judgment entered in favor of the plaintiff by the court below in an action of assumpsit and submitted to the court on a case stated.

The defendant since February 1944 has been the lessee of certain coal property in Fayette County on which he has developed and operated a coal mine. Sometime in 1945, the plaintiff and the defendant entered into an agreement under the terms of which the plaintiff furnished the labor, material, machinery and supplies to mine the coal and the defendant sold the coal, paid the royalty on it to the…