Ferrell Construction Co. v. Russell Creek Coal Co.

LAVENDER, Justice:

Russell, owner of a forty acre coal mining lease in Craig County, Oklahoma, entered into a Strip Mining Agreement in writing as of September 3,1977, with Ferrell pursuant to which Ferrell was to remove the overburden, extract the coal, and load it for $.50 per bank yard for the overburden, $.30 per ton for the coal stockpiled for subsequent loading, and a sum equal to Ferrell’s documented cost of blasting.

In preparation for the excavation to remove the overburden and prior to September 15, 1977, Ferrell performed the following which were required of it under the contract:…