Northern Coal & Coke Co. v. Bates

Opinion of the Court by

Judge Miller

Reversing upon the Appeal and Cross-Appeal.

On June 18, 1903, appellee, William J. Bates, and his wife, entered into a written contract with the Dun*625can Coal & Iron Co., whereby they sold to said company all the coal under their farm, “containing 300 acres, more or less,” in Letcher county, for $2.50 per acre, $300.00 of the price having been paid in cash at the time the contract was made. As assignee of the Duncan Coal & Iron Co., the appellant brought this suit on October 26, 1905, for a specific performance of the contract. The appellees answered, and…