Bannister v. Cavanaugh

Mitchell, J.—

Fred B. Cavanaugh and his wife were the owners of coal lands in King county, "Washington, consisting in part of the E% of the SE 1 ^ of SE% of NE% of Sec. 26, Tp. 23 N., K. 5 E. W. M., upon which five acres just described there was a developed coal mine equipped with mining machinery and implements. In July, 1931, they leased their coal lands to F. W. Cordes and Lowther Ferris, who, among other considerations, were to pay a royalty on all coal mined. They also agreed to build and gravel a road from the mine to the county road.

Upon taking possession, the lessees organized a…