Lehigh & Wilkes-Barre Coal Co. v. Wright
Supreme Court of Pennsylvania
Appeal, No. 262, Jan. T., 1895, by plaintiff, from decree of C. P. Luzerne Co., June T., 1889, No. 4, on bill in equity. Williams and Green, JJ., dissent. Bill in equity for an injunction to restrain a forfeiture of 'a coal lease. The facts appear by the opinion of the Supreme Court. Error assigned was decree dismissing bill.
1Opinion of the Court
Opinion by
Me. Justice Dean,
The plaintiff operated coal mines upon a large body of land in Luzerne county, adjoining a tract of seventy-five acres owned by these defendants. Before the 29th of November, 1879, the plaintiff held a lease of the coal on this tract from the ancestor of defendants. By agreement of the parties on that day, however, the old contract was canceled and a new one entered into, which leased to plaintiff “ All the coal upon and under ” the *390seventy-five acre tract, to have and to hold the premises from 1st of January, 1879, “for and until such time as all the merchantable…
2Cases cited2 opinions
- Funk v. HaldemanSupreme Court of Pennsylvania · 1867
- Caldwell v. FultonSupreme Court of Pennsylvania · 1858
3Cited by30 opinions
- Easton v. Washington County InsuranceSupreme Court of Pennsylvania · 1957
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
- Virginia Iron, Coal & Coke Co. v. GrahamSupreme Court of Virginia · 1919
- Spatz v. NasconeSuperior Court of Pennsylvania · 1981
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
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