McKeever v. Westmoreland Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 182, Oct. T., 1907, by plaintiff, from judgment of C. P. Westmoreland Co., Nov. T., 1905, No. 277, on verdict for plaintiff in case of J. L. McKeever, Executor of Robert S. Robinson, deceased, v. Westmoreland Coal Company. Assumpsit for royalties, amounting to $20,453.10, under a coal lease. Yerdict and judgment for plaintiff for $7,048.08. The opinion of the Supreme Court states the case. Errors assigned were to various rulings on evidence.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
Robinson, the lessor, by an agreement in writing, dated December 30, 1886, leased, demised and granted to the Ocelo Coal Company the right to mine and remove ail the black and merchantable coal under a certain tract of land therein described, subject to certain reservations therein contained. The original lessee subsequently assigned the lease to the Westmoreland Goal Company, the appellee here. This controversy grows out of a dispute as to the proper interpretation of that contract. The learned counsel for appellant contend that under the terms of the lease the…
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