Kentucky By-Products Coal Company v. Ward

Opinion op the Court by

Judge Thomas

Affirming.

On May 26, 1923, the appellee and plaintiff below, Melissa Ward, entered into a written contract with the appellant and defendant below, Kentucky By-Products Coal 'Company, whereby she agreed to sell to it all the minerals under a tract of land in Martin county claimed to lie owned by plaintiff, except oil and gas, for the consideration of $10 per acre for the entire tract estimated to contain 400 acres. One hundred and fifty dollars was paid in cash and the remainder to be paid in 12 months, but not before a survey was made and an abstract of…