Cockrell v. Premium Coal Co.

WADDILL, Commissioner.

This action seeks $5,000 as damages on the theory that appellee, Premium Coal Company, breached its contract with appellant, Cockrell, by allowing persons other than appellant to haul coal produced from appellee’s mine. The contract sued upon reads:

“September 17, 1955. To Whom It May Concern. I, W. B. Gibson, have hereby received from Leonard Cock-rell the operation of Bee Tree Mine No. 2. I hereby agree to allow Leonard Cockrell the coal hauling from this operation and lessee Leonard Cockrell agrees to keep the coal hauled as long as the trucks can get over the roads.…