Hutchison v. Sunbeam Coal Corp.

OPINION OF THE COURT

HUTCHINSON, Justice.

Appellant, Sunbeam Coal Corporation, appeals by allowance Superior Court’s order reversing Butler County Com mon Pleas. 349 Pa.Super. 625, 503 A.2d 54. Common Pleas had denied appellees relief in their suit for a declaratory judgment. The court construed a coal “lease” they had granted appellant to continue as long as appellant paid minimum advance royalties to appellees, Glenn and Virginia Hutchison. 1 As stated, Superior Court reversed Common Pleas, holding the lease had expired. The court reasoned that such leases contain an implied duty to mine…