Omer J. Oates and W. H. Gossett v. S. J. Groves & Sons Company

Appellants transferred and assigned to appellee certain leases of coal acreage, which gave the lessee for a period of five years the right to strip-mine and remove coal from the lands involved with payment of a stipulated royalty on each ton of coal mined. Appellee covenanted to perform all obligations imposed upon the lessee therein, including that of continuously strip-mining said coal, and to pay monthly to appellants an overriding royalty on the coal mined and marketed under the leases. Operations were commenced by appellee, but were continued less than a month, at which time appellee…