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BOWMAN v. HIBBARD

236 S.W.2d 938 (1951)

BOWMAN et al. v. HIBBARD et al.

Court of Appeals of Kentucky.

February 20, 1951.

Attorney(s) appearing for the Case

Cleon K. Calvert, Pineville, J. M. Lyttle, Manchester, for appellants.

Hiram H. Owens, Barbourville, Clay Bishop, Manchester, for appellees.

MOREMEN, Justice.

Appellants filed a petition in the Clay Circuit Court by which they sought to recover damages from appellees for the alleged wrongful action of appellees in entering upon and under land belonging to them, and mining and converting to their own use coal owned by appellants. The appellants specifically waived the cause of action sounding in tort for the alleged trespass and sued upon the averred implied promise of appellees to pay the reasonable market...

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