Ridgway Dynamo & Engine Co. v. Werder

Opinion by

Mb. Justice Walling,

On April 22, 1922, Tillie C. Werder, the defendant, made a royalty lease of certain coal, etc., in land owned by ber in St. Clair Township, Westmoreland County, to Howard B. Payne. The lease required the lessee, inter alia, to expend not less than $50,000 for mining equipment, which in case of his default should be forfeited to the lessor as liquidated damages. One week later the lessor conveyed to the lessee, inter alia, the surface of the land over the leased coal and received a bond and mortgage thereon. It was stipulated that the conveyance should not merge…