Bowman v. Hibbard

MOREMEN, Justice.

Appellants filed a petition in the Clay Circuit Court by which they sought to recover damages from appellees for the alleged wrongful action of appellees in entering upon and under land belonging to them, and mining and converting to their own use coal owned by appellants. The appellants specifically waived the 'cause of action sounding in tort for the alleged trespass and sued upon the averred implied promise of appellees to pay the reasonable market value of the coal alleged to have been converted. Appellees’ answer as amended consisted of a traverse and (inter alia) the…