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COCKRELL v. PREMIUM COAL COMPANY

342 S.W.2d 679 (1961)

Leonard COCKRELL, Appellant, v. PREMIUM COAL COMPANY, Appellee.

Court of Appeals of Kentucky.

February 3, 1961.

Attorney(s) appearing for the Case

F. Byrd Hogg, Whitesburg, for appellant.

James S. Greene, Jr., Glenn L. Greene, Jr., Harlan, Emmett G. Fields, J. L. Hays, Whitesburg, for appellee.

WADDILL, Commissioner.

This action seeks $5,000 as damages on the theory that appellee, Premium Coal Company, breached its contract with appellant, Cockrell, by allowing persons other than appellant to haul coal produced from appellee's mine. The contract sued upon reads:

"September 17, 1955. To Whom It May Concern. I, W. B. Gibson, have hereby received from Leonard Cockrell the operation of Bee Tree Mine No. 2. I hereby agree to allow Leonard Cockrell the...

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