Lehigh Valley Coal Co. v. Everhart
Supreme Court of Pennsylvania
Appeal, No. 328, Jan. T., 1902, by defendants, from decree of C. P. No. 4, Pliila. Co., Dec. T., 1901, No. 2684, on bill in equity in case of Lehigh Valley Coal Company v. George W. Everhart. Bill in equity for an injunction. The opinion of the Supreme Court states the case. Error assigned was in not dismissing the bill.
1Opinion of the Court
Opinion by
Mr.. Justice Mestrezat,
By a contract in writing, dated January 1, 1884, the plaintiff and defendants’ predecessor in title, each being the owner of the undivided one half of the premises, for the consideration of the rents therein named and the covenants to be performed by the lessee, “ demised, leased and to mine let ” to one Frederick Mercur “ all the anthracite coal ” in and under a certain tract of land lying in Luzerne and Lackawanna counties, together with, the use of such portion of the surface as might be required for mining improvements necessary for the development of the…
2Cases cited2 opinions
- Lehigh & Wilkes-Barre Coal Co. v. WrightSupreme Court of Pennsylvania · 1896
- Hoyt v. Kingston Coal Co.Supreme Court of Pennsylvania · 1902
3Cited by15 opinions
- Coolbaugh v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1905
- Corona Coal & Coke Co. v. DickinsonSupreme Court of Pennsylvania · 1918
- Nelson v. Republic Iron & Steel Co.Court of Appeals for the Eighth Circuit · 1917
- Glenn v. J. C. Trees Oil Co.Supreme Court of Pennsylvania · 1920
- Greenough v. Colonial Colliery Co.Superior Court of Pennsylvania · 1938
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