Miller v. Mutual Holding Co.

HICKS, Circuit Judge.

Thomas W. Miller, fifty-one years old, had been engaged intermittently in coal stripping operations for many years. He had known Hugh H. Hamilton for more than twenty. In the summer of 1933 he talked with Hamilton about stripping coal from laud owned by Mrs. Gaskill. He was, himself, unable to finance the project and sought tile aid of Hamilton. They inspected the land and talked a number of times about different details of the proposition. They agreed that Hamilton would put up money to operate; that Miller would receive a salary of $150 a month and that after Hamilton…