BODY v. SKEEN


160 S.E.2d 751 (1968)

Bernie H. BODY v. Bertha H. SKEEN et al.

Supreme Court of Appeals of Virginia.

April 22, 1968.


Attorney(s) appearing for the Case

Robert T. Winston, Salem (Kime, Jolly, Winston & Clemens, Salem, on brief), for plaintiff in error.

E. D. Vicars, Wise, for defendants in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON, and HARRISON, JJ.


GORDON, Justice.

Under an agreement dated July 14, 1960, Bernie H. Body (the defendant) agreed to pay to Bertha H. Skeen and others (the plaintiffs) a royalty of 5¢ for each ton of coal mined on land not owned by the plaintiffs and transported over land owned by the plaintiffs (which we will refer to as the "Hamm property"). The plaintiffs brought this action on January 10, 1964 to recover a judgment in the amount of the agreed royalty for coal transported by...

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