Legal Opinion

Goss v. Woodland Fire Brick Co.

Superior Court of Pennsylvania

Decided March 17, 1897No. Appeal, No. 36PublishedCited by 4 opinions

Appeal, No. 36, Feb. T., 1897, by plaintiff, from judgment of C. P. Clearfield Co., Sept. T., 1895, No. 225, on verdict for defendant. Assumpsit to recover royalties due on a lease. Before Gordon, P. J. Plaintiff in 1887 owned a tract of land in Clearfield county underlaid with a deposit of fire clay, and by contract he leased the land with mining rights to one Troxell, without any limitation on the right of the lessee to assign the leasehold.

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Appeal, No. 36, Feb. T., 1897, by plaintiff, from judgment of C. P. Clearfield Co., Sept. T., 1895, No. 225, on verdict for defendant. Assumpsit to recover royalties due on a lease. Before Gordon, P. J. Plaintiff in 1887 owned a tract of land in Clearfield county underlaid with a deposit of fire clay, and by contract he leased the land with mining rights to one Troxell, without any limitation on the right of the lessee to assign the leasehold. By various assignments the leasehold passed into possession of the defendant company, which, after operating the mine for some time, during which…

1Opinion of the Court

Opinion by

Orlady, J.,

On June 30, 1888, Jesse Goss leased, demised and granted unto Zeigler & Martyn, their executors, administrators and assigns, by a written agreement, duly executed and recorded, all the stone and mineral generally known as fire clay, including all its different kinds and varieties, together with all the stone, clay and other mineral underlying the entire surface of a tract of land containing fifty-one acres, described by courses and disstanees, for and during the term of twenty years then next ensuing. The manner of operation, payment of royalty, rights of the lessees to…

2Cases cited4 opinions

  1. Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
  2. Fennell v. GuffeySupreme Court of Pennsylvania · 1891
  3. Negley v. MorganSupreme Court of Pennsylvania · 1863
  4. Borland's AppealSupreme Court of Pennsylvania · 1870

3Cited by4 opinions

  1. Lowry v. Atlantic Coal Co.Supreme Court of Pennsylvania · 1922
  2. Boyle v. Coleraine Colliery Co.Supreme Court of Pennsylvania · 1936
  3. Acheson ex rel. Armstrong Coal, Coke & Iron Co. v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1898
  4. Watt v. Equitable Gas Co.Superior Court of Pennsylvania · 1898

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