Pennsylvania Coal & Coke Co. v. Witherow
Supreme Court of Pennsylvania
Appeal, No. 360, Jan. T., 1905, by plaintiff, from decree of C. P. Clearfield Co., May T., 1905, No. 1, dismissing bill in equity in case of Pennsylvania Coal & Coke Company v. David Witlierow. Bill in equity for an injunction. Before Smith, P. J. The facts are set forth in the opinion of the Supreme Court.
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Appeal, No. 360, Jan. T., 1905, by plaintiff, from decree of C. P. Clearfield Co., May T., 1905, No. 1, dismissing bill in equity in case of Pennsylvania Coal & Coke Company v. David Witlierow. Bill in equity for an injunction. Before Smith, P. J. The facts are set forth in the opinion of the Supreme Court. The court entered the following decree : 1. That the plaintiff’s bill be dismissed. 2. That the preliminary injunction issued March 15, 1905, be dissolved. 3. That the plaintiff pay to the defendant the sum of $1,729.69, with interest thereon from June 1, 1905, in full of royalties and…
1Opinion of the Court
Per Curiam,
The bill in this case was filed by the lessee of coal lands to restrain the lessor from taking possession of the leased property and from enforcing any of the remedies provided by the lease in case of a failure to pay royalties. The primary question in the case is whether under the terms of the lease the lessee in possession, having paid royalties for all the coal actually mined, is relieved from further payment. The lease provides for the payment of ten cents per ton royalty on all merchantable coal mined or that could reasonably be mined, that the lessee shall begin the shipment…
2Cases cited2 opinions
- Lehigh & Wilkes-Barre Coal Co. v. WrightSupreme Court of Pennsylvania · 1896
- Lehigh Valley Coal Co. v. EverhartSupreme Court of Pennsylvania · 1903
3Cited by4 opinions
- Greenough v. Colonial Colliery Co.Superior Court of Pennsylvania · 1938
- Woodruff v. GuntonSupreme Court of Pennsylvania · 1909
- Anderson v. UNITED COAL AND COKE COMPANYWyoming Supreme Court · 1951
- Hodgdon v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1914