Wheeler v. Keeton

WADDILL, Commissioner.

On January 18, 1950, appellees, Mr. and Mrs. Arthur Keeton, entered into a contract with the appellant, Roe Wheeler,- for the sale of a tract of land. This contract was evidenced by a writing signed by the appellees, which reads as follows:

We, party of the first part Mr. & Mrs. Arthur Keeton have sold a tract of land on Laurel Fork, Morgan County to party of the second part, Roe Wheeler, for $900.00 and will make deed this month.”

The appellees subsequently refused to execute the deed unless the coal and coal rights were excepted therefrom. The appellant refused to accept…