Cornett-Lewis Coal Co. v. Eversole

Opinion of the Court by

Stanley, Commissioner

Affirming.

A contract was made on November 12, 1940, between Virgil Eversole and tbe Cornett-Lewis Coal Company, reciting that the company contemplated leasing from the U. S. Coal & Coke Company a certain boundary of coal land and agreeing that it would haul coal from it over or through certain property of Eversole which had been leased to the company in January, 1935, and pay him for the privilege a sum equivalent to the difference between the actual royalty to be paid the Coal & Coke Company and 15% cents per ton. But the contract was not to become…