Johnson v. Dalton

CLAY, Commissioner.

This is an action for $283,000 damages for breach of a contract to strip mine coal. It was tried by the court without a jury and plaintiff appellants were awarded approximately $8,000. They appeal on the ground that the court erroneously found the contract had been mutually rescinded about two months after it became effective. Defendant appellee cross-appeals on the ground that no binding contract to strip mine coal at any time existed between the parties.

In 1946 plaintiffs had obtained leases on coal lands. In June of that year by written .contract one John Gabor agreed to…