Central Appalachian Co. v. Buchanan
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. This was an action to recover an amount claimed as rent alleged to be due under a contract, of lease made bj the Southern Land improvement Company, a Kentucky corporation, to the Central Appalachian Company, Limited, a corporation organized under the laws of the kingdom of Belgium.
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In Error to the Circuit Court of the United States for the District of Kentucky. This was an action to recover an amount claimed as rent alleged to be due under a contract, of lease made bj the Southern Land improvement Company, a Kentucky corporation, to the Central Appalachian Company, Limited, a corporation organized under the laws of the kingdom of Belgium. The former hereafter will be referred to as Lite “Improvement Company,” and the latter as the “Appalachian Company.” The defense was that the plaintiff, as lessor, had failed to comply with a covenant, contained in the lease,…
1Opinion of the CourtTaft, Circuit Judge
The Appalachian Company, the plaintiff in error and the defendant below, files but three assignments of error. . The first two are practically the same. They question the correctness of the ruling of the trial court that the covenant by the Improvement Company that the Railroad Company would construct the railroad as therein specified was an independent covenant, and not a dependent covenant, and a condition precedent to the payment of the minimum royalty under the contract of lease. No argument has been addressed to the court in support of the third assignment of error, and it must therefore…
2Cases cited8 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- American Fibre-Chamois Co. v. Buckskin-Fibre Co.Court of Appeals for the Sixth Circuit · 1896
- Lyon v. BertramSupreme Court of the United States · 1858
- Wright v. LattinIllinois Supreme Court · 1865
- McDowell v. HendrixIndiana Supreme Court · 1879
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- McNeal-Edwards Co. v. Frank L. Young Co.Court of Appeals for the First Circuit · 1931
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