Clearfield Volunteer Fire Department v. BP Oil, Inc.

WIEAND, Judge:

In this action for declaratory judgment, the trial court entered an order terminating a coal lease for a portion of the demised premises. The trial court rejected the lessee’s contention that the lease had been for a single, undivided tract. Post-trial motions were dismissed, and this appeal followed. We reverse.

Pursuant to the terms of a written agreement of lease entered in 1956 between a predecessor of Clearfield Volunteer Fire Department, the present lessor, and Shawville Coal Co., the lessee, the coal company was granted the exclusive right and privilege to mine and remove…