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JOHNSON v. EVERIDGE

308 S.W.2d 433 (1957)

Mosey JOHNSON, et al., DBA Johnson Mining Company, Appellants, v. Ishmael EVERIDGE et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 24, 1958.

Attorney(s) appearing for the Case

Clark Pratt, Hindman, for appellants.

Harry M. Caudill, Whitesburg, for appellees.

CAMMACK, Judge.

This action was instituted by the appellees, Ishmael Everidge and Martha Everidge, against the appellants, Mosey Johnson, Ralph Johnson and Farris Johnson (Johnson Mining Company) on September 29, 1955, for the cancellation of a coal lease on two tracts of land. The lease was executed March 16, 1955. The basis of the complaint of the appellees was that they had the right to cancel the lease because the appellants had failed to comply with a provision...

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