A. B. & F. Contracting Corp. v. Matthews Coal Co.

Opinion by

Wright, J.,

This is an appeal from an order of the Court of Common Pleas of Clearfield County striking off a judgment entered by A. B. & F. Contracting Corporation against Matthews Coal Company, Inc. The factual situation and the respective. legal contentions are set forth in the following excerpt from the opinion below:

“The plaintiff and defendant entered into an agreement dated May 8, 1952, in which the plaintiff was designated the contractor, and the defendant desig*273hated operator. By virtue of this agreement, the defendant, the owner of certain surface and mineral rights of…