General Refractories Company v. Mozier

Opinion op the Court by

Commissioner Hobson

Reversing.

The above two cases, which were heard together in the circuit court, will be disposed of in one opinion. The facts are these: The General Refractories Company owns a large plant, getting out fire clay in Carter county. It made a contract with Jerry Nolen by which Nolen got out clay at a certain opening, for $1.25 a ton; he hauling the clay in a wagon to the tipple. The company furnished the timber and tracking. He did his own timbering and furnished everything else and bought and used his own powder. After he had worked under this contract…