Rockport Coal Co. v. Carter

Opinion op the Court by

William Rogers Clay, Commissioner —

Dismissing appeal.

On December 28, 1908, appellees, J. T. Carter and S. E. Carter, his wife, leased to H. L. Tucker, three hundred acres of coal underlying a tract of land in Ohio County, Kentucky. The lease provided for a royalty of two (2) cents per ton. On the same day a separate contract was entered into between the same parties, by which it was agreed that should the lease be assigned to a third party, appellees should receive a royalty of two and one-half (21-2) cents- per ton. The original lease was transferred by Tucker to…