Moran v. Kennedy

COFFROTH, P.J.,

Defendants have filed preliminary objections to plaintiff’s complaint raising several issues, but all have been withdrawn except the demurrer which asserts that even if all averments in the complaint are true, plaintiff as a matter of law has no valid case against defendants and cannot recover.

The issue boils down to this: where a coal mining lease provides for an advance down payment of a lump-sum royalty of $25,000, and provides for recoupment of the advanced royalty at the rate of one dollar per ton mined, and less than 25,000 tons are removed under the lease, is the…