Kemble Coal & Iron Co. v. Scott
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bedford county: Of May Term 1878, No. 166. Covenant by Thomas A. Scott, Henry A. Stiles, executor of Robert H. Gratz, deceased, Samuel L. Russell and Jonathan H. Seymour against The Kemble Coal and Iron Company, upon certain articles of agreement, the material portions of which will be found in the history of the Case below.
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Error to the Court of Common Pleas of Bedford county: Of May Term 1878, No. 166. Covenant by Thomas A. Scott, Henry A. Stiles, executor of Robert H. Gratz, deceased, Samuel L. Russell and Jonathan H. Seymour against The Kemble Coal and Iron Company, upon certain articles of agreement, the material portions of which will be found in the history of the Case below. The defendant pleaded non fecit conventiones, non fregit eonventiones, covenants performed, covenants performed absque hoc, payment with leave, &c., and that under these pleas defendant would offer in evidence at the trial: . • , 1.…
1Opinion of the CourtChief Justice Sharswood
*343The agreement of May 30th 1872, between the parties to this action was not an executory but an executed contract. It was not an agreement that a lease should be made at a future time; but a present lease by the most apt and formal words, “grant, let and lease” for the term of eleven years from the 1st of April 1872, of • “the exclusive right to mine, dig and take away the iron ore from four tracts of land in Black Valley, West Providence township, in the county of Bedford,” “also the right to make tramroads, erect machinery, open tunnels, deposit dirt, and to do all things necessary and…
2Cited by3 opinions
- Venture Oil Co. v. FrettsSupreme Court of Pennsylvania · 1893
- Berwind-White Coal Min. Co. v. MartinCourt of Appeals for the Third Circuit · 1903
- Wilson v. SaleSuperior Court of Pennsylvania · 1910