Martin v. Walsenburg Fuel Co.

POPE, District Judge.

The ground upon which the demurrer proceeds is that the complaint fails to allege certain matters pro*271vided for in the lease, embodied) in full in the complaint,, and which it is claimed are necessary to a complete cause of action by the plaintiff, it is urged that the complaint, to be complete, should set forth that the Robinson vein of coal has not been exhausted, and it is further claimed that the complaint should disclose that the mining of coal from the demised) premises has not been “prevented by fire, explosion, or other unavoidable casualty.”

The first of these…