Pottorff v. Fidelity Coal Mining Co.

The opinion of the court was delivered by

Benson, J.:

The principal issue is between the appellant, Minnie Pottorff, and the Fidelity Coal Mining Company, appellee, and arises upon a demurrer to a reply. The determination of this issue rests upon the legal effect of a written contract between the coal mining company and Barrett. This instrument contains the following provisions:

“That said Coal Company for and in consideration of the covenants hereinafter contained, has this day demised, leased, turned over and delivered to the said Barrett, possession of all the underground for the extraction…