Clark v. Lehigh & Wilkes-Barre Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 179, January T., 1913, by defendant, from judgment of C. P. Luzerne Co., October T., 1904, No. 1162, for plaintiff, dismissing exceptions to report of referee, in case of Mary T. Clark, in part to the use of Mary C. Parrish v. The Lehigh and Wilkes-Barre Coal Company. Assumpsit for rent due under a coal lease. Before Strauss, J. Exceptions to the report of Joseph D. Coons, Esq., referee. The opinion of the Supreme Court states the facts.
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Appeal, No. 179, January T., 1913, by defendant, from judgment of C. P. Luzerne Co., October T., 1904, No. 1162, for plaintiff, dismissing exceptions to report of referee, in case of Mary T. Clark, in part to the use of Mary C. Parrish v. The Lehigh and Wilkes-Barre Coal Company. Assumpsit for rent due under a coal lease. Before Strauss, J. Exceptions to the report of Joseph D. Coons, Esq., referee. The opinion of the Supreme Court states the facts. The court dismissed exceptions to the referee’s report and entered judgment in accordance with the referee’s findings. Defendant appealed. Errors…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
By an indenture of lease dated December 15, 1883, Mary T. Clark and her husband “demised and leased and to mine let” to the Lehigh & Wilkes-Barre Coal Company, defendant, all the coal underlying the Baltimore vein in and upon four contiguous pieces of land in Plymouth Township, Luzerne County; the first containing 25 acres and 30 perches, the second 80 perches, the third 94 perches, and the fourth 7 acres and 155 7-10 perches, “to'have and to hold the said premises until the said party of the second part shall have mined and removed therefrom all the…
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