Grant v. Phoenix-Jellico Coal Co.

Opinion op the Court by

William Rogers Clay, Commissioner

Reversing.

This is file second appeal of this case. The opinion on the former appeal may be found in 148 Ky., 113, under the title of Phoenix-Jellico Coal Co. v. Grant.

The facts out of which the litigation grows are as follows:.On August 1, 1905, plaintiff, W. R. Grant, leased from the defendant, Phoenix-Jellico Coal Company, certain coal property in Laurel County, Kentucky. By the terms of the lease, which was to run for four years and nine months, plaintiff obligated himself to build a tipple, and make such other improvements as were…