Van Liew v. Norwood-White Coal Co.
Supreme Court of Iowa
Appeal from Polk District Court. — George A. Wilson, Judge. Action to recover a minimum royalty stipulated for in a mining lease. The answer contains a general denial and an affirmative defense. The affirmative defense was that the min-able coal under plaintiff’s land had become wholly exhausted, whereby the defendant became absolved from the payment of a minimum royalty in excess of the royalty per ton actually mined.
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Appeal from Polk District Court. — George A. Wilson, Judge. Action to recover a minimum royalty stipulated for in a mining lease. The answer contains a general denial and an affirmative defense. The affirmative defense was that the min-able coal under plaintiff’s land had become wholly exhausted, whereby the defendant became absolved from the payment of a minimum royalty in excess of the royalty per ton actually mined. The trial court directed a verdict for the plaintiff, and the defendant appeals. —
1DissentSalinger, J.
The rights of the parties depend upon their contract. On the one construed in Fisher v. Maple Block Coal Co., 184 Iowa 397, the decision in that case was right. *83But in my opinion, the contract at bar so differs from the one in Fisher’s case as that said decision does not control this case. I think that, because of the provisions of the agreement we have now, there should be a reversal.
2Cases cited1 opinion
- Fisher v. Maple Block Coal Co.Supreme Court of Iowa · 1918