Troy Mining Corp. v. Itmann Coal Co.

The majority’s disposition of the modification issue in this case directly conflicts with the most fundamental principles of contract law. Evidence of this conflict is reflected in its admission that, “[Wjhether the written contract was modified so as to preclude termination under the seven-day provision, presents a more difficult question, because it is an issue which ordinarily would be determined by the jury and not by the court.” Inevitably, when courts endeavor to usurp the fact-finding function of the jury, feelings of inadequacy are expressed as recognition of the difficulty of the…