Coaldale Mining & Manufacturing Co. v. Clark

McWhorter, Judge :

On the 18th day of February, 1892, H. J. Toudy took from E. Mr. Clark and others, trustees, a lease in writing of one thousand and live hundred acres of land in Wayne county, W. Va., for the purpose of mining and shipping coal. By the terms of the lease it was provided, among other things, that the royalty or rental to be paid was ten cents for each and every ton of two thousand pounds of coal passing over a screen described in the lease, and-five cents per ton for every ton which passed through the screen, and which should be shipped from the demised premises. And it. was…