Kehoe v. Kehoe-Berge Coal Co.

Opinion by

Mr. Justice Musmanno,

The plaintiff seeks to have the Court extricate him from a situation and status which he accepted voluntarily and for a consideration. Under the circumstances of the case, he has assigned himself an impossible task. On October 15, 1944, he entered into a contract with the Kehoe-Berge Coal Company and Pittston-Duryea Coal Company, whereby a previous contract dated April 17, 1943 was to be cancelled and he was to receive $500 per month so long as the companies produced coal from certain specified lands.

The agreement carried the provision that: “It is agreed by and…