Klenekole Mining Co. v. Lusk

Opinion oe the Court by

Hobson, Commissioner—

Affirming.

On July 20, 1917, Joseph Lusk executed to W. J. Roberts a coal lease on a tract of land in Perry county. The lease was for a term of twenty-five years, with the privilege of renewal. By the terms of the lease the royalty for the first year was 10 cents a ton on the .amount of coal actually mined and shipped, but there- . after a minimum royalty of $2,500 a year was to be paid. Roberts assigned the lease, on August 16, 1917, to the Klenekole Mining Company, which entered upon the land that fall and began the work. It continued to operate…