Young v. Cherpes

Opinion by

Keller, J.,

The plaintiff on December 22,1931 leased to the defendant for the term of five years a coal mine in Mifflin Township, Allegheny County, “together with the structure and equipment now on said premises in the condition the same now is,” with the right to mine the Pittsburgh or upper vein of coal. The lease provided for a royalty per ton mined, gradually increasing in amount, but fixed a minimum monthly royalty of $50, to be paid in advance on the first day of each month. It contained a warrant of attorney authorizing a confession of judgment, in case of default in said…