Addison v. Brandenburg

Opinion of the Court by

Turner, Commissioner

Reversing.

In 1916 and prior thereto, appellee, Jackson Brandenburg, was the owner of a tract of mountainous coal land in Lee county. Through the mountain ran a vein of coal an average of 28 inches in thickness.

In 1916 he entered into a verbal agreement with appellant, Addison, referred to in the evidence as a “verbal lease,” whereby Addison was given the right to take coal from a certain part of -this tract of land upon specified terms, the tract embraced being five and a fraction acres. At the time an adjoining part of the land was being mined for…