Edgewater Coal Co. v. Swinney

Opinion of the Court by

Judge Clay

Affirming in part and reversing in part.

In 1887, Jesse and Polly Bartley conveyed to tbe Virginia Mining & Improvement Company a portion of their home farm. On November 20, 1916, they entered into a contract by which they sold all the coal and other minerals on the entire farm to Lon Rogers at a price of $40 per acre. Both Jesse Bartley and his wife, Polly Bartley,, were named as parties of the first part. In addition to providing that one-half the purchase price should be paid to Polly Bartley, the contract contained the following provision:

“Said land was…