Hamrick v. Nutter

Miller, Judge :

By this action in assumpsit plaintiff seeks to recover minimum rentals alleged to have accrued to him in a coal mining lease, and damages for the failure of defendant, the lessee in said lease, to develop the property as provided therein. Defendant’s demurrer to the declaration was overruled, and the questions then arising on the rulings of the trial court were certified to us for determination. This court sustained the holding of the lower court. See Hamrick v. Nutter, 93 W. Va. 115, where a full statement of the facts on which plaintiff’s cause of action was based, will be…