Hollenback Coal Co. v. Lehigh & Wilkes-Barre Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 20, Jan. T., 1907, by plaintiff, from decree of C. P. Luzerne Co., May T., 1903, No 5, dismissing bill in equity in case of The Hollenback Coal Company v. The Lehigh Wilkes-Barre Coal Company. Bill in equity for an injunction.
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Appeal, No. 20, Jan. T., 1907, by plaintiff, from decree of C. P. Luzerne Co., May T., 1903, No 5, dismissing bill in equity in case of The Hollenback Coal Company v. The Lehigh Wilkes-Barre Coal Company. Bill in equity for an injunction. The bill set forth : That on December 30, 1869, the plaintiff, a Pennsylvania corporation, leased, demised and to mine let unto the defend-, ant’s predecessor “ all that vein or seam of coal known as the-Baltimore vein, and the veins or seams of coal overlying the Baltimore vein,” upon certain lands of the plaintiff, together with certain surface, which…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
In Denniston v. Haddock, 200 Pa. 426, we said, through the present Chief Justice : “ the expression that a conveyance of coal in place, even by a lease for a limited term is a sale, is inaccurate as a general proposition of law, and unfortunate from its tendency to mislead. . . . "Whether it would be better to call such an instrument accurately what it certainly was at common law, a lease without impeachment of waste, or to endeavor to reconcile all the decisions by calling it a conditional sale, is not necessary at present to discuss. The point to be noted is that…
2Cases cited4 opinions
- Denniston v. HaddockSupreme Court of Pennsylvania · 1901
- Gallagher v. HicksSupreme Court of Pennsylvania · 1907
- Dunham v. HaggertySupreme Court of Pennsylvania · 1885
- Lance ex rel. Gummey v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1894
3Cited by11 opinions
- State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
- Packer's Estate (No. 2)Supreme Court of Pennsylvania · 1927
- Miles v. New York, Susquehanna & Western Coal Co.Supreme Court of Pennsylvania · 1915
- New York & Pittston Coal Co. v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1909
- Girard Trust Co. v. Delaware & Hudson Co.Supreme Court of Pennsylvania · 1914
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