United Thacker Coal Co. v. Waugh

Lively, Judge:

The issue presented to, and decided by, the jury was whether Blunt, the lessee in a coal mining lease, had recovered at least 75% of the coal in the pillars in that part of the mine operated by him under his lease of October 4, 1926.

Plaintiff coal company claimed that Blunt lacked from 9,000 to 11,000 tons of recovering 75% of the pillars, while defendant Waugh, who had guaranteed that Blunt would recover 75% of the pillars, claimed that Blunt had actually recovered the 75% .except 435 tons; and, therefore, he, Waugh, as guarantor, owed plaintiff only the sum of $108.75, which…