Rocky Mountain Fuel Co. v. Whiteside

PHILLIPS, Circuit Judge.

By a written lease entered into on February 27, 1936, the Rocky Mountain Fuel Company1 sublet to Standard Coal Mine, Inc.,2 certain coal mining properties for a term of 15 years.

Paragraph 3 of the lease, in part, reads as: follows: '“Lessee hereby undertakes and agrees to occupy and hold hereunder, for the full term aforesaid, unless * * * sooner terminated pursuant to any of the provisions hereof * * *; and to so work the said mine or mines on said property so as to keep the entire property in a .workmanlike mining condition, and to have such mine or mines in such,…