Philadelphia v. Lehigh Valley Coal Co.

Opinion by

Mr. Justice Simpson,

This is an action to recover the sum of $7,106.91, alleged to be a balance of royalty due for coal mined by defendant from property of plaintiff, during the month of April, 1923. Admittedly, defendant owes either the whole amount, or nothing at. all; because the court below decided nothing was due, plaintiff appeals.

Being the owner of a number of anthracite coal.properties, plaintiff leased some of them to defendant, and the others to third parties, all the leases being for the term of fifteen years from December 31,1913. They provided that the several lessees…