Dalton v. Holley

MILLIKEN, Chief Justice.

The merits of the controversy from which these two consolidated appeals have arisen involve the alleged breach of a contract to strip mine coal. The judgment on the merits must be reversed, however, for a procedural reason, so we do not discuss the merits.

The plaintiffs in the main action, which was tried under the old Civil Code of Practice, are Holley, Johnson, et al., and we shall refer to them hereinafter simply as Holley. They filed suit against A. J. Dalton in the Pike Circuit Court for the alleged breach of contract and considerable proof was taken by…