Winco Block Coal Co. v. Evans

Opinion op the Court by

Judge Perry

Reversing.

On November 1, 1920, A. E. Evans and his wife, Addie Evans, G. W. Stepp and his wife, Ellen Stepp, and G. C. Stepp executed a coal lease to O. H. Jennings and H. J. Brock, trustees, who sold and assigned the lease to Winco Block Coal Company, and that company entered under the lease and began mining the coal. Addie Evans afterwards died and on April 13, 1931, this action was brought by the Stepps and her devisees against the Winco Block Coal Company, alleging that the royalties under the lease had not been paid and that a balance of $4,981.00, was…