New v. Kinser

Opinion op the Court by

Stanley, Commissioner—

Reversing.

On February 1, 1934, the appellant A. G. New, and another whose interest he subsequently acquired, leased 75 acres to the appellee, Eugene Kinser, for three years for mining coal by stripping with a steam shovel. The lessee agreed to mine 100,000 bushels within twelve months from the date of the contract on which be would pay lessor one cent a bushel royalty. Suit was brought by the lessor to recover a balance of royalties and certain damages. The defendant pleaded a breach of the contract by the plaintiff because of interference with the…