Lowry v. Atlantic Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 146, Oct. T., 1921, by plaintiff, from judgment of C. P. Somerset Co., Dec. T., 1920, No. 80, on verdict for defendant, in case of J. C. Lowry v. Atlantic Coal Co. Assumpsit for royalties. Before Berkey, P. J. Tbe opinion of the Supreme Court states the facts. Verdict and judgment for defendant. Plaintiff! appealed. Error assigned, inter alia, was refusal of judgment for plaintiff n. o. v., quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
The appellant conveyed the mining rights for twenty-five years in a property owned by him in Somerset County. Cochrane, the lessee, agreed to pay a minimum royalty, and also not to sublet or transfer his contract without the written consent of Lowry. On October 31, 1916, his interest was assigned to one Black, who, on October 31,1917, transferred it to the Atlantic Coal Company. In both instances the lessor concurred in writing, but in so doing made no provisions against subsequent transfers without his. consent. On July 17, 1919, the annual royalty became due,…
2Cases cited17 opinions
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Sanders v. PartridgeMassachusetts Supreme Judicial Court · 1871
- Fennell v. GuffeySupreme Court of Pennsylvania · 1891
- Fennell v. GuffeySupreme Court of Pennsylvania · 1893
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3Cited by8 opinions
- Goldberg v. NicolaSupreme Court of Pennsylvania · 1935
- Shafer v. CascioSupreme Court of Pennsylvania · 1926
- Magee v. Grange National Bank of Wyoming CountySuperior Court of Pennsylvania · 1942
- Goldberg v. Grossman and RosenauSuperior Court of Pennsylvania · 1931
- Conti v. DuveSuperior Court of Pennsylvania · 1940
3 more not listed; retrieve them via the Exa API.