Pond Creek Coal Co. v. Runyon

Opinion of the Court by

Judge Moorman

— Reversing.

In. August, 1911, Albert Runyon executed to G. C. Kesterson, trustee, an option to purchase at $20.00 an acre the co.al and mining rights in some land on Pond creek in Pike county. It was agreed that, in the event Kesterson elected to exercise the option, he would .pay one-half of the purchase money at the time of election, or “as soon thereafter as the title shall be examined and accepted by the party of the second part, the parties of the second part to furnish an accurate survey and complete abstract of title to the land herein described, and…