Morgan v. Phillips

Opinion by

Mr. Chief Justice Horace Stern,

In order to recover in this case plaintiff was confronted with a difficult burden, but whether he succeeded in establishing his claim was a question for the jury and not for the court and therefore the court erred in entering a' nonsuit and subsequently refusing to remove it. Plaintiff’s appeal is from that refusal.

On September 2,. 1952, plaintiff,. Irvin S., Morgan, entered into an agreement with the defendants, who were partners trading as Niverton Coal Company (hereinafter called Niverton), wherein he leased from them the right to strip-mine' a…