Ellis v. McCormack

Opinion of the Court by

Clay, Commissioner

— Reversing.

This action was brought by appellee to recover from appellant the value of coal slack which the latter allegedly converted to his own use and sold. The case was tried before a jury which returned a $750.00 verdict for.appellee, half the amount claimed.

In October 1935 appellee’s assignor leased from appellant’s brother a 25 acre tract of land for the purpose of mining coal thereunder. The lease provided a royalty for all “lump and nut coal” mined on the premises. Its term was five years, with the right to extend it for the same additional…