Ellis v. Cricket Coal Co.
Supreme Court of Iowa
Appeal from Mahaska District Court. — HoN. Henry T. Silwold, Judge. Action on contract for minimum royalty on coal not mined resulted in a verdict and judgment for the defendant. The plaintiff appeals.
1Opinion of the CourtLadd, C. J.
O. S. Ellis purchased the coal beneath the surface of forty-four acres of land, and on February 9, 1906, disposed of the same to the Cricket Coal Company by contract, under the terms of which the latter undertook ‘ ‘ to commence mining or paying royalty on said coal on the 1st day of April, 1906, and to prosecute the same with reasonable dispatch, taking into consideration the demands of the trade, excepting also any strikes, lockout, or unavoidable accidents, and to continue such mining of such coal until all the merchantable and minable coal is taken from said land.”
The company agreed to…
2Cases cited5 opinions
- Lehigh & Wilkes-Barre Coal Co. v. WrightSupreme Court of Pennsylvania · 1896
- Timlin v. BrownSupreme Court of Pennsylvania · 1893
- Coal Creek, etc., Co. v. Tennessee Coal, etc., Co.Tennessee Supreme Court · 1901
- Riggs v. ArmstrongWest Virginia Supreme Court · 1884
- Pacific Coast Elevator Co. v. BravinderWashington Supreme Court · 1896
3Cited by11 opinions
- Leon v. Gulf Production Co.Court of Appeals of Texas · 1931
- Tressler Coal Mining Co. v. KlefeldWest Virginia Supreme Court · 1943
- Vandalia Coal Co. v. UnderwoodIndiana Court of Appeals · 1916
- State v. Hobart Iron Co.Supreme Court of Minnesota · 1919
- Van Liew v. Norwood-White Coal Co.Supreme Court of Iowa · 1920
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