Strong v. Duff

Opinion of the Court by

Judge Thomas

Reversing.

On February 10, 1917, John A. Duff executed-to the appellee and plaintiff below, Ira J. Duff, a contract whereby he leased to plaintiff the right to take coal from a small tract of land containing not exceeding 6 acres, and the right to carry coal, to which plaintiff might have the right to mine from adjoining land, through the entries on the leased tract in consideratoin of the payment by lessee to the lessor of 2 cents per ton for all coal so transported through such entry from such adjoining lands. Shortly after the execution of that lease, John…