Lake View Mining & Manufacturing Co. v. Hannon
Supreme Court of Alabama
Bill in Equity for Construction of Lease, and Injunction against Legal Proceedings for Forfeiture. Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 30th January, 1891, by the appellant corporation, against Thos.
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Bill in Equity for Construction of Lease, and Injunction against Legal Proceedings for Forfeiture. Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 30th January, 1891, by the appellant corporation, against Thos. E. Hannon and Roland S. Minor; and sought a judicial construction of certain provisions contained in a lease of mineral rights in land, which had been executed by said Hannon to Minor, and which the complainant claimed by assignment from Minor; also, an injunction “prohibiting the defendants severally from…
1Opinion of the CourtStone, C. J.
— This case seeks to raise two questions : first, to obtain equitable relief from what is claimed to be a penalty. 2 Sto. Eq. Ju. §§ 1313-16; 1 Pom. Eq. §§ 433-4. There are two reasons why we need not decide this question : first, it is not raised in the pleadings, and appears only in the argument of counsel; second, there does not appear to be any question of penalty in this case. Is not the royalty, agreed to be paid liquidated damages ? — Powell v. Burroughs, 54 Penn. St. 329; Young v. White, 5 Watts, 460; Pearson v. Williams, 26 Wend. 630.
A second object of the bill is clearly set forth…
2Cases cited5 opinions
- Bowers v. SmithNew York Court of Chancery · 1843
- Bailey v. . BriggsNew York Court of Appeals · 1874
- Sellers v. SellersSupreme Court of Alabama · 1859
- Pearson v. Williams' AdministratorsNew York Supreme Court · 1841
- Young v. WhiteSupreme Court of Pennsylvania · 1836
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