Kentucky By-Products Coal Company v. Wells

Opinion op the Court by

Judge Thomas

Affirming,

On May 26, 1923, the appellees and plaintiffs below, R. M. Wells and wife (the latter only for the purpose of relinquishing her potential right of dower), sold, by written contract duly executed, all' of the coal and other minerals under a tract of land situated in Martin county which was then owned by plaintiff, R. M. Wells, to appellant and defendant below, Kentucky By-Products Coal Company. The consideration paid and agreed to be paid by defendant was $10 per acre, $50 of which was paid at the time, and the balance was to be paid when and after…