Bannister v. Victoria Coal & Coke Co.

Miller, Judge:

Plaintiff and defendant, June 1, 1901, entered into an ex-ecutory contract whereby the plaintiff bound himself to mine and deliver all coal in a certain area of land containing about 40 acres, for 68 cents per ton, said area to be worked and laid off according to plans outlined by the superintendent and engineer of the defendant. By the contract it was understood and agreed that, as the property was then undeveloped, all developments prospective should be done at the *504expense of the plaintiff, said 68 cents to include all costs of whatever kind with the exception of props, ties…