HICKS, Circuit Judge.
Thomas W. Miller, fifty-one years old, had been engaged intermittently in coal stripping operations for many years. He had known Hugh H. Hamilton for more than twenty. In the summer of 1933 he talked with Hamilton about stripping coal from land owned by Mrs. Gaskill. He was, himself, unable to finance the project and sought the aid of Hamilton. They inspected the land and talked a number of times about different details of the proposition. They...
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