Legal Opinion

Kohlsaat v. Main Island Creek Coal Co.

West Virginia Supreme Court

Decided March 7, 1922PublishedCited by 14 opinions

Error to Circuit Court, Logan County. Action by Jonh E. C. Kohlsaat and others, trustees, etc., against the Main Island Creek Coal Company, and from a judgment therein .the plaintiffs bring error, and the defendant assigns cross-error,.

1Opinion of the Court

Lively, Judge:.

This litigation arises out of a coal mining lease executed by Clinton Crane and James 0. Cole to the Main Island Creek Coal Company on about 27,000 acres of coal lands in Logan County, dated October 6, 1913.

The issues involved arise under the provision of the lease relating to royalties, and that relating to arbitration of controversies which might arise.

The royalty provision is: “And the said lessee, in consideration of the premises, does covenant and agree to commence at once upon delivery of this lease, the work of developing said lands as a coal producing property, and to…

2Cases cited16 opinions

  1. Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
  2. United States v. BostwickSupreme Court of the United States · 1877
  3. Columbus Railway, Power & Light Co. v. City of ColumbusSupreme Court of the United States · 1919
  4. American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
  5. A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Board of Education v. W. Harley Miller, Inc.West Virginia Supreme Court · 1977
  2. BOARD OF ED., ETC. v. W. Harley Miller, Inc.West Virginia Supreme Court · 1975
  3. Pettus v. Olga Coal Co.West Virginia Supreme Court · 1952
  4. Warfield Natural Gas Co. v. AllenCourt of Appeals of Kentucky (pre-1976) · 1935
  5. Earl T. Browder, Inc. v. County Court of Webster CountyWest Virginia Supreme Court · 1958

9 more not listed; retrieve them via the Exa API.

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