Rude v. MacCormac

MacCormac and Pascoe had judgment against Rude for $2,000 upon an oral contract to operate a mine for him. He now moves for supersedeas.

The complaint alleged and the evidence tended to show that Rude, in consideration that plaintiffs would operate the Red Ash Mine for sixty days, beginning August 1, 1921, and would produce 200 tons per day, agreed that he would pay them one dollar and sixty cents per ton; that they' could produce the coal for one dollar and forty cents per ton; that when they had worked three days he stopped them and shortly sold the mine.

The chief point made for reversal is…