Senters v. Elkhorn & Jellico Coal Co.

Opinion of the Court by

Morris, Commissioner

Affirming.

On September 2, 1937, parties above, respectively plaintiffs and defendants below, executed tbe following writing:

“Whitesburg, Ky. Tbis agreement made and entered into by and between Elkhorn and Jellico Coal Co., and "Walter and Richard Senters * * *. Whereby Walter and Richard Senters agree to make opening and grade tram road on the head waters of Dry Fork Creek, for which the * * * company agrees to pay them fifty cents per cubic yard for the dirt and one dollar for the rock. The company to furnish the necessary explosives to do this…