Daniel Boone Coal Co. v. Miller

Opinion of the Court by

William Rogers Clay, Commissioner —

Affirming.

On November 7, 1913, W. H. Miller and wife executed a coal mining lease on a tract of land in Perry county to the Ross-Petrey Coal Company. On June 25, 1915, the Ross-Petrey Coal Company assigned and transferred the lease to the Daniel Boone Coal Company. On July 5, 1916, Miller notified the Daniel Boone Coal Company of his purpose to cancel the lease at the expiration of thirty days. On June 2, 1917, Miller and wife brought suit against the Daniel Boone Coal Company to cancel the lease on the ground that it was void for the…