Creson v. Scott

CLAY, Commissioner.

This action was brought by the assignee of a coal mining lease to recover damages, based upon a loss of profits, from the original owners of the land and their subsequent lessees. Plaintiff’s petition was dismissed on the ground that the pleadings showed his alleged cause of action was barred by the statute of limitations.

Plaintiff amended his petition three times, and in substance alleged as follows: In March 1945 defendant landowners executed a coal lease, covering 235 acres, to one Newman for a term of 10 years. On September 1, 1945 the landowners executed a second coal…