Smith v. Atlas-Pocahontas Coal Co.

Miller, President:

The declaration contains the common counts and a special count in assumpsit, alleging in the special count the yerbal contract sued on substantially as follows: That in consideration of the promise and agreement of plaintiff with defendant that he would do the necessary grading for a road bed for a tram or haul-wa.y from the openings or outside entries to be made by plaintiff to the m'ain haul-way of defendant, oyer, which to haul the coal, and would dig and mine all the coal in a certain seam or vein under what was known as the “Spur,” near Antler, McDowell county, below…