Flynn v. White Breast Coal & Mining Co.
Supreme Court of Iowa
Appeal from Lúeas District Oourt. Plaintiff leased to tbe defendant certain real estate for tbe purpose of mining and removing coal therefrom. For the coal so mined tbe defendant agreed to pay one-fourth, of one cent per bnsliel, or six and one-fourth cents per ton, during the existence of tbe lease, which was for the period of ten years. The defendant had the option during said period to parchase the land at a named price.
Read the full summary
Appeal from Lúeas District Oourt. Plaintiff leased to tbe defendant certain real estate for tbe purpose of mining and removing coal therefrom. For the coal so mined tbe defendant agreed to pay one-fourth, of one cent per bnsliel, or six and one-fourth cents per ton, during the existence of tbe lease, which was for the period of ten years. The defendant had the option during said period to parchase the land at a named price. This action was brought to recover compensation for coal mined, and agreed to be mined, between tbe time defendant offered to purchase the land and the delivery of the…
1Opinion of the Court
Seevers, J.. lease: with cSase: rent'1'" cfseoi option and before oonsumma-chase. I. It is stipulated in the lease that the defendant “is hereby invested witli the right and option of purchasing the [leased land] at any time within the period of ten years from March 1, A. D. 1881, at the agreed price of $10,000, said right , . , \ . r / , , ° -to be exercised by giving [to the detendantj a written notice of its election to purchase said land; * * * and, upon making said election, it shall be, and is hereby made, the duty of [the plaintiff ] to make, execute and deliver without delay to [the…
2Cases cited3 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
- Reed v. BeckSupreme Court of Iowa · 1885
3Cited by12 opinions
- Coal Creek, etc., Co. v. Tennessee Coal, etc., Co.Tennessee Supreme Court · 1901
- Lacey v. NewcombSupreme Court of Iowa · 1895
- Yancey v. TatlockSupreme Court of Iowa · 1895
- Queenin v. BlankMassachusetts Supreme Judicial Court · 1929
- Carter v. Certain-Teed Products Corp.District Court, N.D. Iowa · 1952
7 more not listed; retrieve them via the Exa API.