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Contracts Keyed to Burton
Peevyhouse v. Garland Coal & Mining Co.
Citation:
382 P.2d 109
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Peevyhouses (plaintiffs) owned a farm with coal deposits. They leased their farm to Garland Coal and Mining Company (hereinafter “Garland”) (defendant) for five years. In addition to the coal mining lease, Garland agreed to do restorative and remedial work at the end of the lease period. The remedial work was estimated to cost about $29,000. Garland failed to do the remedial work. The Peevyhouses sued Garland for $25,000 in damages but were only awarded $5,000. The damage award was still greater than the total value of the Peevyhouses’ farm even if the remedial work had been done by Garland. The Peevyhouses appealed the damage award.
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