Saylor v. Howard

Opinion op the Court by

Commissioner Hobson

Affirming.

This case turns on the right of the lessors to collect minimum royalties on a coal lease. On October 10, 1917, appellees leased to J. B. Eberlein a large tract of coal land for the full term of 25 years as set out in the first paragraph of the lease “for and in consideration of the rents.” The lease, among other things, contained these provisions:

“The lessee agrees to enter upon said premises within thirty days from this date and begin the construction of a mining plant, and agrees to pay the lessor as a royalty ten cents (10c) per ton on…