Ross v. Columbus Mining Co.

¡Opinion of the Court by

Judge 0 ’Neal —

-Reversing.

Tbe appellants, George Ross and J. B. Rayner, as plaintiffs in a joint petition, sought to recover damages from the appellee, Columbus Mining Company, for its breach of an oral contract which they claim it entered into with them.

They allege in their petition “that on the 16th day of August, 1916, they entered into an oral contract with this defendant company ... to take up and continue to drive a certain entry in the defendant’s mine, and pursuant- to that (sic) terms of said oral contract the plaintiffs agreed to drive said entry and air…