Threadgill v. Peabody Coal Co.
Court of Appeals of Colorado
526 P.2d 676 (Colo. App. 1974)
Peabody Coal Company (Peabody) (defendant) entered into an oral contract with Threadgill (plaintiff). Threadgill was to probe test holes, which were drilled by Peabody, in an effort to locate coal. Threadgill’s probing device got stuck in a hole and Peabody employees attempted to recover it. In the coal industry, customarily the coal company reimburses the tester for the cost of lost equipment. Peabody failed to reimburse Threadgill, so Threadgill sued Peabody for negligence and breach of contract. The lower court found that Peabody was not negligent and did not determine whether Threadgill was negligent. However, the lower court did find Peabody liable for breach of contract. Peabody appealed.
Rule of Law
Holding and Reasoning (Pierce, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.