Lehigh Zinc and Iron Company v. Bamford
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This action was brought to recover certain rents alleged to be due under a written lease of May 2, 1883, between Charles and Edwin Bamford, of England, and the Lehigh Zinc and ' Iron Company, limited, of Pennsylvania..
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This action was brought to recover certain rents alleged to be due under a written lease of May 2, 1883, between Charles and Edwin Bamford, of England, and the Lehigh Zinc and ' Iron Company, limited, of Pennsylvania.. The company acquired by the. terms of the agreement the exclusive right for .ten years to mine, dig, raise,-crush, concentrate, roast, use and remove, sell and dispose, of, all metals and minerals found or to be found upon the leased premises. The lease contained, .among other provisions, the…
1Opinion of the CourtJustice Harlan
The defendants requested the court to charge the jury that the plaintiffs could not recover rent for any particular year, unless it appeared that the ores mined on the leased property in that year, were sufficient, on the basis of the royalties stipulated, to amount to one thousand dollars; and that unless enough ore was found to enable the company, giving proper care and attention, to prosecute the mining without loss, then the consideration,- upon which its agreement was based, failed, and plaintiffs could not recover. These propositions, embodied in specific requests for instructions to…
2Cited by65 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Gagne v. BertranCalifornia Supreme Court · 1954
- Pence v. United StatesSupreme Court of the United States · 1942
- Vulcan Metals Co. v. Simmons Mfg. Co.Court of Appeals for the Second Circuit · 1918
- Sproul v. GilbertOregon Supreme Court · 1961
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