Fairchild v. Marlowe

Opinion op the Court by

Morris, Commissioner

Reversing.

Appellants S. G. Fairchild, George Adams, and I. N. Lewis sued Marlowe, alleging that the Elkhorn Hazard Coal Company had leased certain mining property from plaintiffs; that the lease had been assigned to Pursiful and Gorman, who had agreed to pay plaintiffs $26,000 in installments for royalties and other obligations due from the Elkhorn Hazard Coal Company to plaintiffs. Later, this lease was assigned to, and its obligations assumed by, Marlowe and associates. It is alleged that at the time of the institution of the suit there was due on…