Frenchak v. Sunbeam Coal Corp.

BROSKY, Judge:

This appeal is from judgment on the pleadings in an action to quiet title. Appellant contends that the instant coal lease is no longer in effect. We agree and, accordingly, reverse.

The lease provision in question provides that:

This lease shall continue for a period of five (5) years from the effective date hereof or until all of the coal which the coal operator determines can be mined, removed and sold with economy and profit has been or so long as minimum advance royalties are being tendered by the Coal Operator.

The court below interpreted this clause to mean that appellee…