G. H. BABER v. LAY


305 S.W.2d 912 (1957)

G. H. BABER et al., Appellants, v. John LAY et al., Appellees.

Court of Appeals of Kentucky.

October 11, 1957.


Attorney(s) appearing for the Case

Joe Hobson, Prestonsburg, Hobson & Scott, Pikeville, for appellants.

Burke & Burke, Pikeville, for appellees.


STEWART, Judge.

In this case the single issue raised is whether a certain contract was lacking in mutuality and, if so, whether the contract was terminable at the will of either of the parties.

The uncontradicted facts are that on March 29, 1949, appellants, partners d/b/a "Jacks Creek Mining Company", and appellees, partners d/b/a "Virgie Coal Company", entered into a written contract whereby, briefly stated, appellees...

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