Ames v. Hillside Coal & Iron Co.

Opinion by

Mr. Justice Linn,

This appeal is from a decree dismissing plaintiff’s bill on the ground of champerty. It might also have been dismissed for laches. On December 3, 1900, by a contract attached to the bill as Exhibit A, the owners of certain coal or culm banks “demised, leased and sold ......all the coal in and composing” the banks to defendant, which agreed to “screen, separate and ship” the coal “with due diligence” and to pay specified royalties per ton, varying for specified sizes and with annual mínimums, “until all the merchantable coal of the above sizes; available from the…