Commercial Coal Mining Co. v. Big Bend Coal Mining Co.

Opinion by

Mr. Justice Sadler,

The Commercial Coal Mining Company is the owner of certain coal lands in Cambria County. For purposes of convenience it allotted a portion of the property to Mine No. 3, and another part to one known as No. 4. This was the situation on August 1, 1905, when it entered into an agreement with an ad joiner, the Big Bend Coal Mining Company, which contract gives rise to the present litigation. By its terms the latter company contracted to buy power from the former until such time as connection with some commercial line could be made, the right to then terminate the…