Autem v. Mayer Coal Co.

The opinion of the court was delivered by

West, J.:

The plaintiffs appeal from an error sustaining a demurrer to their amended petition. The averments of this pleading in effect are that the plaintiffs contracted with the defendant for an option on a certain ninety acre tract of land at $50 an acre “for the mineral reserve under said land for all *380such land as contains coal in one vein that measures thirty-four (34") inches or more in thickness, to be determined by the drilling of said land. . . . Second party agrees within ten days, after finishing said drilling, to elect to take or reject, the…