Woytek v. Benjamin Coal Co.

CAVANAUGH, Judge:

The appellants in this case, Andrew Woytek and Helen Woytek were the owners of real estate in Clearfield County, Pennsylvania. In 1973 the appellants leased some two hundred acres of land to Benjamin Coal Company, the appellee herein, to be used for coal mining. The term of the lease was for three years or until exhaustion of the coal “whichever event shall last occur.” Paragraph Eighth of the lease, which was on a printed form, provided as follows:

EIGHTH: The Lessee agrees that upon completion of mining operations it will restore the leased premises in the manner required by…