Legal Opinion
Higginbottom v. Thiele Kaolin Co.
Supreme Court of Georgia
Decided June 23, 1983No. 39278PublishedCited by 27 opinions
1Opinion of the Court
Bell, Justice.
This case involves the questions whether a lessee under a mineral lease has an implied duty to mine and whether the mineral leases in question are the result of inceptive fraud.
The appellants are landowners in the McDuffie County area whose properties are subject to mineral leases entered into with Thiele Kaolin Company (Thiele) in the early nineteen sixties. The leases are essentially the same, providing for an initial term of 50 years with an option to renew for an additional term of 49 years. The leases grant to Thiele the right to mine, process, or manufacture all kaolin and…
2Cases cited11 opinions
- Brown v. Techdata Corp.Supreme Court of Georgia · 1977
- Lively v. GarnickCourt of Appeals of Georgia · 1981
- Tennessee Valley Kaolin Corp. v. PerryCourt of Appeals of Tennessee · 1974
- Hayes v. Hallmark ApartmentsSupreme Court of Georgia · 1974
- Middlebrooks v. LonasSupreme Court of Georgia · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hutchison v. Sunbeam Coal Corp.Supreme Court of Pennsylvania · 1986
- Turner Entertainment Co. v. Degeto Film GmbHCourt of Appeals for the Eleventh Circuit · 1994
- Holmes v. GrubmanSupreme Court of Georgia · 2010
- Triangle Mining Co., Inc., and Terteling Land Company v. Stauffer Chemical CompanyCourt of Appeals for the Ninth Circuit · 1985
- Myung Sung Presbyterian Church, Inc. v. North American Ass'n of Slavic Churches & Ministries, Inc.Court of Appeals of Georgia · 2008
22 more not listed; retrieve them via the Exa API.