New v. Kinser

Opinion op the Court by

Chiep Justice Clay—

Reversing.

By a contract dated February 1, 1933, A. G. New and May Avery Wilkins leased to Eugene Kinser, for a period of three years, 75 acres of land in Edmonson county for the purpose of stripping coal therefrom. Kinser agreed to commence stripping within 30 days from the date of the contract, to strip 100,000 bushels of coal within 12 months from that date, and to pay therefor a royalty of 1 cent per bushel. He also agreed not to damage any timber outside the path of the operations, and to pay every two weeks for all coal that went over the scales.…