Meade v. Wallen

On August 26, 1977, Bernard Meade and Paul Max Wallen entered into an agreement containing this critical provision:

BERNARD MEADE agrees to pay on the 5th. and the 20th. of each month, Fifteen (15) cents per Ton (2,000) lb. to enter upon and cross the property of BRENDA WAL-LEN AND PAUL M. WALLEN to haul coal and timber from Brown’s property only.

Relying upon this agreement, Meade secured the right to mine coal and cut timber on the Brown property. At the time of trial in June, 1980, Meade had not yet mined any coal; however, during the years 1978 and 1979, he had cut timber on the Brown…