Fisher v. Milliken
Supreme Court of Pennsylvania
In error from tire Court of Common Pleas of Mifflin county. May 18. Isaac Fisher brought an action of debt against Joseph Milliken and George McCulloch, who survived William Mitchell, upon an article of agreement, or sealed instrument of writing, dated 17th of September, 1829. It appeared that Isaac Fisher, the plaintiff, held the sole and exclusive right for ever, in a tract of five hundred acres of land, situated in Oliver township, Mifflin county, and near to Waynesburg;…
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In error from tire Court of Common Pleas of Mifflin county. May 18. Isaac Fisher brought an action of debt against Joseph Milliken and George McCulloch, who survived William Mitchell, upon an article of agreement, or sealed instrument of writing, dated 17th of September, 1829. It appeared that Isaac Fisher, the plaintiff, held the sole and exclusive right for ever, in a tract of five hundred acres of land, situated in Oliver township, Mifflin county, and near to Waynesburg; of mining in and taking away all the iron ore to be found in the said tract of land, in carts, wagons, &e., with the…
1Opinion of the CourtGibson, C. J.
The article of agreement between the plaintiff and the defendants was in substance the lease of a mine, and had all the consequences and qualities of one. • It was to be *120perpetual, or at least so long as the lessees should continue to use the ore for the furnace specified, in the deed; and they covenanted to pay forty cents the load for it, but they were to be at liberty to substitute an annual sum at their election, to be made at the end of the first year; and they further covenanted that if they should not so elect, they would annually take out and pay for eight hundred loads. They in fact…
2Cited by7 opinions
- Ralph v. DeileySupreme Court of Pennsylvania · 1928
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Goldberg v. NicolaSupreme Court of Pennsylvania · 1935
- Gale Industries, Inc. v. Bristol Farmers Market & Auction Co.Supreme Court of Pennsylvania · 1968
- Dixon v. BreonSuperior Court of Pennsylvania · 1903
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