Woodruff v. Gunton
Supreme Court of Pennsylvania
Appeal, No. 338, Jan. T., 1907, by plaintiff, from judgment of C. P. Sullivan Co., May T., 1903, No. 68, on verdict for plaintiff in case of William L. Woodruff v. Walter B. Gunton. Assumpsit to recover for a coal royalty. Before Terry, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 338, Jan. T., 1907, by plaintiff, from judgment of C. P. Sullivan Co., May T., 1903, No. 68, on verdict for plaintiff in case of William L. Woodruff v. Walter B. Gunton. Assumpsit to recover for a coal royalty. Before Terry, P. J. The facts are stated in the opinion of the Supreme Court. The trial judge charged in part as follows: [There are three questions raised in this case; that is, on three propositions the parties do not agree, one is, whether the plaintiff is entitled to recover in this case his proportion, or the one-third of the minimum royalties for the years 1898 and…
1Opinion of the Court
Opinion by
Mr., Justice Brown,
This is an appeal by the plaintiff from the judgment from *387which we have just decided the defendant had no ground of appeal. It raises the single question of the right of the appellant, as a lessor, to recover from the appellee minimum royalties for years in which he did not mine the minimum quantity of coal provided for in the lease, having, however, mined and paid for in subsequent years enough coal to make up the deficiency in the royalties for the prior years. The years for which the minimum royalties are claimed are 1898 and 1899. The trial judge was of…
2Cases cited3 opinions
- Lehigh & Wilkes-Barre Coal Co. v. WrightSupreme Court of Pennsylvania · 1896
- Lehigh Valley Coal Co. v. EverhartSupreme Court of Pennsylvania · 1903
- Pennsylvania Coal & Coke Co. v. WitherowSupreme Court of Pennsylvania · 1906
3Cited by6 opinions
- Nelson v. Republic Iron & Steel Co.Court of Appeals for the Eighth Circuit · 1917
- Carter v. Certain-Teed Products Corp.District Court, N.D. Iowa · 1952
- Greenough v. Colonial Colliery Co.Superior Court of Pennsylvania · 1938
- Anderson v. UNITED COAL AND COKE COMPANYWyoming Supreme Court · 1951
- Minnehaha Land & Investment Co. v. Consolidated Sand & Stone Co.South Dakota Supreme Court · 1935
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