Thomas v. Harbison-Walker Refractories Co.
Supreme Court of Pennsylvania
Appeal, No. 140, Oct. T., 1909, by-defendant, from judgment of C. P. Cambria Co., Dec. T., 1907, No. 376, for plaintiff on case tried by the court without a jury in suit of James P. Thomas, Trustee, v. Harbison-Walker Refractories Company. Assumpsit to recover royalties under a lease.
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Appeal, No. 140, Oct. T., 1909, by-defendant, from judgment of C. P. Cambria Co., Dec. T., 1907, No. 376, for plaintiff on case tried by the court without a jury in suit of James P. Thomas, Trustee, v. Harbison-Walker Refractories Company. Assumpsit to recover royalties under a lease. Before O’Con-nor, P. J. The case was tried by the court without a jury under the act of April 22, 1874. O’Connor, P. J., found the facts to be as follows: The plaintiff in this case claims a right to recover the amount sought by him from the defendant under and by virtue of the terms of a lease granted by George…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is a controversy between the assignee of the lessor and *141the assignee of the lessee involving the amount of royalty to be paid for fire clay mined and removed from certain tracts of land included in the indenture of lease.
In 1891 Bliss, the then owner of certain tracts of land involved in this suit, entered into an agreement of lease with a predecessor in title of appellant here granting the privilege of mining and removing the fire clay under the same for and in consideration of fifteen cents per gross ton to be paid the lessor. In 1897 the terms of the lease…
2Cited by1 opinion
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