Hixson v. Parker

Ed. P. McFaddin, Associate Justice.

The question to be decided is whether the appellants established that they were prevented from mining coal in the year 1954 because of a strike or boycott.

In March 1948 appellee, A. C. Parker, leased 351 acres to the appellants, Hixson, et al., for coal mining. We refer to the mine on this land as the Parker mine. The lease provided that the Lessees (Hixson, et al.) would pay Lessor (Parker) a royalty on each ton of coal mined; and the lease guaranteed Parker a minimum royalty of $2,400 per year. The Hixsons failed to pay Parker any royalty in 3954, and he…