Anderson v. Nichols

NEELY, Justice.

Mr. and Mrs. Arthur Anderson, the ap-pellees in this case, are the owners of certain tracts of contiguous coal lands in Nicholas County. On 15 July 1983, Mr. and Mrs. Anderson leased all of the coal on these lands to the appellant, Cecil Nichols for an initial term of five years, subject to renewal for a maximum of fifteen years. The lease provided for a minimum royalty of $8,750 per month, and Mr. Nichols, as lessee, was required, under the terms of the lease, to mine the coal for the full term or until he had mined “all of the merchantable and minable coal” from the premises.…