Denniston v. Haddock
Supreme Court of Pennsylvania
Appeal, No. 345, Jan. T., 1900, by defendant, from order of C. P. Luzerne Co., Oct. T., 1894, No. 1311, dismissing exceptions to report of referee in case of Margaret Denniston etal. v. John C. Haddock. Assumpsit to recover coal royalties. Exceptions to report of J. A. Opp, Esq., referee. Prom the record it appeared that on September 27, 1870, Margaret Denniston, and others executed a lease of coal to Charles Hutchison, whose interest became vested in John C. Haddock.
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Appeal, No. 345, Jan. T., 1900, by defendant, from order of C. P. Luzerne Co., Oct. T., 1894, No. 1311, dismissing exceptions to report of referee in case of Margaret Denniston etal. v. John C. Haddock. Assumpsit to recover coal royalties. Exceptions to report of J. A. Opp, Esq., referee. Prom the record it appeared that on September 27, 1870, Margaret Denniston, and others executed a lease of coal to Charles Hutchison, whose interest became vested in John C. Haddock. This lease was for twenty years and provided for the payment of a minimum royalty. It appeared that Hutchison and Ms…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
It has been said in a number of cases that a conveyance of the right to mine and remove all the coal in a given tract of land, is a sale of the coal in place although the conveyance may *428be called a lease. The expression is unfortunate, for while it may have produced no erroneous result in the cases where it is used, it tends to substitute the general rules appertaining to sales, for the rules properly applicable to the particular contract that may be under consideration by the court. Thus for example, in Hope’s Appeal, 29 W. N. C. 365, which is practically the…
2Cases cited2 opinions
- Sanderson v. City of ScrantonSupreme Court of Pennsylvania · 1884
- Kingsley v. Hillside Coal & I. Co., Pennsylvania Court of Common Pleas, Lackawanna County1892
3Cited by29 opinions
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
- Boeing v. OwsleySupreme Court of Minnesota · 1913
- Hetrick v. Apollo Gas Co.Superior Court of Pennsylvania · 1992
- Boron v. SmithSupreme Court of Pennsylvania · 1955
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