Blue Diamond Coal Company v. Robertson

Opinion op the Court by

Commissioner Stanley

Reversing.

This suit is by tbe appellee, L. D. Robertson, against the appellant, Blue Diamond Coal Company, for breach of contract to remove pillars and stumps in a designated portion of a mine, commonly called robbing the mine. He recovered judgment for $1,000, a reversal of which is sought.

The contract provided that the company would furnish certain machinery and equipment and do the bond and wire work; that Robertson and three associates, parties with him to the agreement, should furnish all other necessary tools, do the mining in a workmanlike…