Collieries v. Melon & Smith

Opinion of the Court by

Judge Moorman

Affirming.

In the autumn of 1918 the Evans, McVay & Blair Company of Chicago leased a tract of coal land on Prater creek in Floyd county from Walter S. Harkins. They organized a corporation known as the Prater Creek Coal Company. On the day that the lease was-taken the Blair Company sublet the property to L. Y. Rice, and turned over to him the corporate charter of the Prater Creek Coal Company. Rice made preparation to open a coal mine on the lease and employed Richard Vose, an engineer -of Chicago, to superintend the project. The appellees were contractors,…