Gilmore v. . the Ontario Iron Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 5, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 5, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 22 Hun, 391.) This action was brought upon the following instrument executed by the parties: “ This indenture made this 18th day of October, 1872, by and between Harrison Gilmore of the first part, lessor, and the Ontario Iron Company of the second part, lessee, witnesseth: That the said party of the first part hereto doth lease and demise to said…
1Opinion of the Court
Folger, Ch. J.
By the terms of the agreement the defendant was to pay the plaintiff for the use of the premises twenty cents for each ton of ore mined. That the defendant should not let the lands lie idle, and thus the plaintiff have no profit from them, he exacted and it agreed that it would mine at least eight thousand tons each year; and that the plaintiff •should realize the full value of the mineral deposit on his land, he exacted and the defendant covenanted to mine all the ore on the land. In effect, this was an agreement to pay to the plaintiff at least $1,600 each year for the right…
2Cited by11 opinions
- Texas Pacific Coal & Oil Co. v. BarkerTexas Supreme Court · 1928
- Gold Mining & Water Co. v. SwinertonCalifornia Supreme Court · 1943
- Sproul v. GilbertOregon Supreme Court · 1961
- Berwind-White Coal Min. Co. v. MartinCourt of Appeals for the Third Circuit · 1903
- Coal Creek, etc., Co. v. Tennessee Coal, etc., Co.Tennessee Supreme Court · 1901
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