Koppers Co. v. Asher Coal Mining Co.

Opinion of the 'Court by

Judge Willis

Affirming.

This appeal involves the interpretation of certain covenants in a mining lease held by the Koppers Company on lands of the Asher Coal Mining Company. The lease covers two distinctly described boundaries of coal lands, but is a single contract, with the exception of the covenants respecting rentals and royalties, and the descriptions of the leased lands. All the other covenants and conditions in the contract apply equally to both tracts embraced within the lease.

The controversy came up in this way: The Koppers Company ceased operations on one of…