Timlin v. Brown
Supreme Court of Pennsylvania
Appeal, No. 28, Oct. T., 1893, by defendants, Thomas Brown and J. L. Hunter, from judgment of C. P. Clarion Co., Aug. T., 1892, No. 235, on verdict for plaintiff, E. A. Timlin. Assumpsit for royalties alleged to be due on coal lease, and for damages for not surrendering coal mine in good workmanlike condition.
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Appeal, No. 28, Oct. T., 1893, by defendants, Thomas Brown and J. L. Hunter, from judgment of C. P. Clarion Co., Aug. T., 1892, No. 235, on verdict for plaintiff, E. A. Timlin. Assumpsit for royalties alleged to be due on coal lease, and for damages for not surrendering coal mine in good workmanlike condition. At the trial, before Clark, P. J., it appeared that the agreement in writing upon which suit was brought was as follows: “ This agreement made and concluded this first day of April, A. D. 1882, between E. A. Timlin, of Beaver township,'county of Clarion, state of Pennsylvania, party of…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Timlin, the plaintiff, was the owner of fifteen acres of land. Brown, one of defendants, was mining coal on land adjoining, and believed the seam extended under the fifteen acres; he opened negotiations with Timlin, which resulted in a parol agreement giving him the right to mine. A written agreement was entered into between Timlin and Brown and Hunter, which, although dated April 1, 1882, does not appear to have been formally executed until the close of the year.
The contract, as first agreed upon with Brown alone, was for the right to mine for a term of five years…
2Cases cited2 opinions
- Muhlenberg v. HenningSupreme Court of Pennsylvania · 1887
- McCahan v. WhartonSupreme Court of Pennsylvania · 1888
3Cited by22 opinions
- Shenandoah Borough v. PhiladelphiaSupreme Court of Pennsylvania · 1951
- Virginia Iron, Coal & Coke Co. v. GrahamSupreme Court of Virginia · 1919
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
- Berwind-White Coal Min. Co. v. MartinCourt of Appeals for the Third Circuit · 1903
- Hosack v. CrillSuperior Court of Pennsylvania · 1901
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