La Fitte Company v. United Fuel Gas Company

MARTIN, Circuit Judge.

This is an appeal from a judgment dismissing the complaint of The LaFitte Company in an action brought against the appellee. The plaintiff sought an accounting, a declaration of rights, and consequential damages of $767,648.50, arising out of alleged violations by the United Fuel Gas Company of its covenants and obligations as lessee, holding and operating certain oil and gas properties in the State of Kentucky. Appellant was lessor of the properties in Floyd and Knott Counties.

In the District Court, appellant complained of failure on the part of appel-lee (1) to remit…