Van Liew v. Norwood-White Coal Co.
Supreme Court of Iowa
Appeal from Polk District Court. — George A. Wilson, Judge. Action to recover a minimum royalty stipulated for in a mining lease. The answer contains a general denial and an affirmative defense. The affirmative defense was that the min-able coal under plaintiff’s land had become wholly exhausted, whereby the defendant became absolved from the payment of a minimum royalty in excess of the royalty per ton actually mined.
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Appeal from Polk District Court. — George A. Wilson, Judge. Action to recover a minimum royalty stipulated for in a mining lease. The answer contains a general denial and an affirmative defense. The affirmative defense was that the min-able coal under plaintiff’s land had become wholly exhausted, whereby the defendant became absolved from the payment of a minimum royalty in excess of the royalty per ton actually mined. The trial court directed a verdict for the plaintiff, and the defendant appeals. —
1Opinion of the CourtEvans, J.
— In January, 1914, the plaintiff and defendant entered into a contract of mining lease upon 120 acres of land owned by the plaintiff, whereby the defendant was permitted to remove the minable coal from under the plaintiff’s land, at a royalty of 10 cents per ton, and at a minimum royalty of $500 per year after January 1, 1915. The defendant entered upon the premises and continued to mine coal therefrom until some time in the year 1916. It exercised no mining rights after the *80year 1916, in which year, as claimed by it, the minable coal became exhausted. The petition makes no claim for any…
2Cases cited4 opinions
- Ellis v. Cricket Coal Co.Supreme Court of Iowa · 1914
- Saylor Park Land Co. v. Glenwood Coal Co.Supreme Court of Iowa · 1917
- Fisher v. Maple Block Coal Co.Supreme Court of Iowa · 1918
- Rowland v. Anderson Coal Co.Supreme Court of Iowa · 1917
3Cited by5 opinions
- Leon v. Gulf Production Co.Court of Appeals of Texas · 1931
- Libby v. National Sewer Pipe Co.Supreme Court of Iowa · 1923
- Zimbelman v. Boone Coal, Inc.Supreme Court of Iowa · 1935
- Scovel v. Norwood-White Coal Co.Supreme Court of Iowa · 1936
- Simons v. McDanielSupreme Court of Oklahoma · 1932