PBS Coals, Inc. v. Burnham Coal Co.

DEL SOLE, Judge:

This is an appeal from a final decree in equity entered in a declaratory judgment action. Appellee, PBS Coals, Inc., (PBS) sought a declaration that it was not responsible for the costs of correcting a mine drainage problem where the agreement transferring interests in the subject properties did not include specific language allocating such a burden. The trial court determined that the agreement imposed no obligation upon PBS to treat the after-discovered drainage problem. We reverse.

The record reveals that Appellant, Burnham Coal Company, (Burnham) drafted an agreement by…