Stonega Coke & Coal Co. v. Price

PARKER, Circuit Judge.

This is the second appeal in a suit instituted to recover minimum rent or royalty under certain leases of coal lands. As the suit was originally instituted, recovery was asked for three quarterly instalments of rental then due, amounting to $9,000, and for general relief, and defense was made on the ground that defendant had withdrawn from the leases pursuant to the right reserved in certain withdrawal clauses, that the mine was practically exhausted at the time of withdrawal and that, at all events, defendant was released from further liability under the leases by…