JOHNSON v. COLEMAN


288 S.W.2d 348 (1956)

Hersil V. JOHNSON, Appellant, v. H. A. COLEMAN et al., Partners, Doing Business as Coleman Coal Co., et al., Appellees.

Court of Appeals of Kentucky.

March 16, 1956.


Attorney(s) appearing for the Case

Heber E. Johnson, Louisville, Herman G. Dotson, Pikeville, for appellant.

Francis M. Burke, Baird & Hays, Pikeville, for appellees.


STANLEY, Commissioner.

The action is for breach of contract by which the plaintiff acquired the right to haul coal from mines in a described area. The court, on motion, dismissed the complaint against certain defendants on the ground that it did not state "a claim upon which relief can be granted." CR 7.02, 12.02.

The several defendants are partnerships. It will be clearer to use the partnership names rather than the individuals.

The appellant, Hersil...

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