Bamford v. Lehigh Zinc & Iron Co.
U.S. Circuit Court for the District of Southern New York
At Law. Motion for a new trial in an action upon a lease for rent. The plaintiffs, Charles Bamford and another, leased to the defendant, by written lease executed by both parties, for a term of 10 years, a disused zinc mine and concentrating works, which the plaintiffs owned and had worked, upon a specified royalty per ton for ore mined, and a specified royalty per ton for ore concentrated, payable annually, but, in case the royalty in any year fell below $1,000, then such a…
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At Law. Motion for a new trial in an action upon a lease for rent. The plaintiffs, Charles Bamford and another, leased to the defendant, by written lease executed by both parties, for a term of 10 years, a disused zinc mine and concentrating works, which the plaintiffs owned and had worked, upon a specified royalty per ton for ore mined, and a specified royalty per ton for ore concentrated, payable annually, but, in case the royalty in any year fell below $1,000, then such a sum was to be paid as to make the annual rent for that year amount to $1,000. The defendant, after pumping out the…
1Opinion of the CourtShipman, J.
This is a motion for a new trial in an action at law upon a written lease to recover rent. I will state, with great brevity only, my reasons for a denial of the motion.
1. The action was not prematurely brought, because the lease evidently intended that payment of the minimum rent of $1,000 should be made annually, and should not be postponed to the end of the term.
2. The question of the propriety of the exclusion of the testimony in regard to the condition of the concentrating works at the date of the lease, *679and in regard to the amount of money paid to put them in repair, is unimportant,…
2Cases cited1 opinion
- Minor v. SharonMassachusetts Supreme Judicial Court · 1873
3Cited by2 opinions
- Berwind-White Coal Min. Co. v. MartinCourt of Appeals for the Third Circuit · 1903
- West Pub. Co. v. Edward Thompson Co.U.S. Circuit Court for the District of Eastern New York · 1907