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ORLANDI v. GOODELL

Nos. 83-1803(L), 83-1804.

760 F.2d 78 (1985)

Joseph ORLANDI, Deborah A. Orlandi, Karen O. Paterno, Michael E. Orlandi, and Joseph O. Orlandi, Appellants, v. Mont E. GOODELL, Trustee; Mont E. Goodell, personally; Nicholas Bachynsky, personally; and C.M. Krauthamer, personally, Appellees, v. P.J. COAL COMPANY, a Colorado Corporation; Appalachian Energy and Coal Corporation, a Nevada Corporation; and United Financial Operations, a Colorado Corporation, Third Party Defendants. Joseph ORLANDI, Deborah A. Orlandi, Karen O. Paterno, Michael E. Orlandi, and Joseph O. Orlandi, Appellees, v. Mont E. GOODELL, Trustee; Mont E. Goodell, personally; Nicholas Bachynsky, personally; and C.M. Krauthamer, personally, Appellants, v. P.J. COAL COMPANY, a Colorado Corporation; Appalachian Energy and Coal Corporation, a Nevada Corporation; and United Financial Operations, a Colorado Corporation, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 17, 1985.

Rehearing and Rehearing Denied June 19, 1985.

Attorney(s) appearing for the Case

Paul N. Bowles, Charleston, W.Va. (P. Nathan Bowles, Jr., Thomas A. Heywood, Bowles, McDavid, Graff & Love, Charleston, W.Va., on brief), for appellants.

John E. Lutz, Charleston, W.Va. (J.W. Riccardi, Payne, Loeb & Ray, Charleston, W.Va., on brief), for appellees.

Before SPROUSE, WILKINSON and SNEEDEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 19, 1985.

WILKINSON, Circuit Judge:

Lessees, finding no marketable coal on mining property, sought rescission of an agreement that required them to make minimum annual royalty payments and permitted them to cancel the contract by written notice to the lessor. The trial court rescinded the contract upon a jury verdict for lessees on the grounds of mutual mistake of fact with respect to the presence of marketable coal...

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