Pollak v. Stouts Mountain C. & C. Co.
Supreme Court of Alabama
Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by Ignatius Poliak against the Stouts Mountain Coal and Coke Company, and others, to declare a lease forfeited and for an accounting and damages. Judgment sustaining a demurrer to a portion of the bill, and complainant appeals.
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Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by Ignatius Poliak against the Stouts Mountain Coal and Coke Company, and others, to declare a lease forfeited and for an accounting and damages. Judgment sustaining a demurrer to a portion of the bill, and complainant appeals. The extended lease imposed an obligation upon the coal company to prosecute the work of developing the coal as rapidly as business would justify, and to take out all the coal within three years, but if unable to abstract all the coal within that time to so conduct its business that the…
1Opinion of the CourtMayfield, J.
— Appellant, as lessor of a coal mine, filed this bill against appellee as-lessee. The coal was to be mined by appellee, under a written lease made an exhibit to the bill, and the lessor was to receive a royalty of 6.5 cents per ton from the coal mined thereunder. The lessee was to keep an accurate account of the coal mined, and was to settle monthly for all coal mirip.fl during the preceding month. The lessee was also to have made, at least once a year, accurate surveys and *334plats of the land so mined, showing the territory mined, and these books and maps and surveys were to be kept open for…
2Cited by17 opinions
- Hunter-Benn Co. Company v. Bassett Lumber Co.Supreme Court of Alabama · 1932
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Abrams v. AbramsSupreme Court of Alabama · 1932
- Altoona Warehouse Co. v. BynumSupreme Court of Alabama · 1942
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