Windber Construction Co. v. Coleman

Opinion by

Watkins, J.,

This is an appeal from the refusal of the court below to open a judgment entered by confession for minimum royalty under the terms of a coal mining lease.

The lease in question was not expertly drawn but was reduced to writing by the appellee and executed by both parties on December 3, 1954. It described the vein, subject to the agreement, and provided for a royalty of 50‡ per ton for coal removed and for a minimum royalty of $100 per month, payments to begin December 6, 1954.

Lessee was to “excavate, mine and remove all merchantable, strippable coal that can be…