GH BABER v. Lay

STEWART, Judge.

In this case the single issue raised is •whether a certain contract was lacking in mutuality and, if so, whether the contract was terminable at the will of either of the parties.

The uncontradicted facts are that on March 29, 1949, appellants, partners d/b/a “Jacks Creek Mining Company”, and ap-pellees, partners d/b/a “Virgie Coal Company”, entered into a written contract whereby, briefly stated, appellees promised “to sell and deliver all coal” to appellants which was mined from a particular mine in Pike County. The latter agreed to accept “all coal which their equipment will…