Creson v. Scott

CULLEN, Commissioner.

Arnold Creson brought action against members of the Sisk family to recover damages for breach of an implied warranty of quiet enjoyment and possession under a coal mining lease which the Sisks had executed to one Newman and which Creson alleged had been assigned to him. The case was submitted to a jury, which returned a verdict for the defendants. Creson appeals from the judgment entered upon the verdict, asserting several grounds of error.

Upon a former appeal, Creson v. Scott, Ky., 275 S.W.2d 406, it was held that Cre-son’s complaint stated a cau'se of action against the…