Elkhorn Coal Corp. v. By-Products Coal Co.

Opinion op the Court by

Judge Willis

Reversing.

This case involves the interpretation of a coal mining lease. The lessor complains of a judgment in favor of the lessee. The particular controversy concerns the right of the tenant to have credited against the “minimum royalty” reserved by the lease a payment made in accordance with the contract for “coal lost” by improper mining. The question arises in this way: The Eikhorn Coal Company sued the By-Products Coal Company, J. P. Burton, and Cadwalader Jones to recover a balance of $2,088.64 claimed as minimum royalty for a year ending April 30,…