Linton v. Erie Ozark Mining Co.
Supreme Court of Arkansas
Appeal from Marion Chancery Court; B. F. McMahan, Chancellor; STATEMENT OE PACTS. This appeal involves the correctness of a decision of the chancery court holding that a mining lease should be forfeited because of the nonperformance of its terms by the lessee and his assignees.
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Appeal from Marion Chancery Court; B. F. McMahan, Chancellor; STATEMENT OE PACTS. This appeal involves the correctness of a decision of the chancery court holding that a mining lease should be forfeited because of the nonperformance of its terms by the lessee and his assignees. On January 1, 1916, the Erie Ozark Mining Company, a foreign corporation, executed a mining lease to W. A. Childs on its mine situated on the ■ property in controversy which was to continue for ten years. Under the terms of the lease the lessee was to operate the mine to a reasonable extent at all times and to pay as…
1Opinion of the CourtHart, J.
(after stating the facts). The principal issue raised by this appeal is as to the correctness of the decree of the chancery court canceling the original lease made by the Erie Ozark Mining Company to W. A. Childs and his assignees. It will be remembered that Linton took a sublease from the assignees of Childs to the original lease. By the terms of the lease it was provided that the mine should be worked to a reasonable extent continuously during the term of the lease and that the lessee should account to the lessor every three months for the products mined and deposit in the Bank of…
2Cases cited1 opinion
- Buffalo Zinc & Copper Co. v. CrumpSupreme Court of Arkansas · 1902
3Cited by6 opinions
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- Rose's Mobile Homes, Inc. v. Rex Financial Corp.District Court, W.D. Arkansas · 1974
- Mushrush v. DowningSupreme Court of Arkansas · 1930
- Arkansas Anthracite Coal Co. v. StateSupreme Court of Arkansas · 1921
- Moran v. Union Savings Bank & Trust Co.Supreme Court of Arkansas · 1936
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