Legal Opinion

Muhlenberg v. Henning

Supreme Court of Pennsylvania

Decided April 18, 1887No. 34PublishedCited by 21 opinions

No. 34 January Term 1887, Sup. Ct.; court below, No. 122 April Term 1886, C. P. # On July 28, 1883, Hiester H. and Henry A. Muhlenberg, of the one part, and John Henning and James H. Madeira, of the other part, executed a contract under seal, in which the former granted, bargained and sold to the latter for the period of five years the exclusive right to all the iron ore in a tract of fifty acres in Berks county.

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No. 34 January Term 1887, Sup. Ct.; court below, No. 122 April Term 1886, C. P. # On July 28, 1883, Hiester H. and Henry A. Muhlenberg, of the one part, and John Henning and James H. Madeira, of the other part, executed a contract under seal, in which the former granted, bargained and sold to the latter for the period of five years the exclusive right to all the iron ore in a tract of fifty acres in Berks county. Inter alia, the lessees, as they were termed in the contract, covenanted to pay to the lessors, “ for every ton of 2240 lbs. in weight of clean and merchantable iron ore raised,…

1Opinion of the Court

Opinion,

Mr. Justice Clark:

This action of covenant was brought upon a contract, under seal, denominated a lease, and dated 28th July, 1883, by the terms of which the lessors granted to the lessees the exclusive right, for five years, to all the iron ore contained in a certain tract of fifty acres of land therein described; in consideration whereof, the lessees agreed to pay to the lessors, for every ton “ of clean merchantable ore raised, mined and taken away by them or their order from the said premises, the price of thirty-*143five cents,” etc. The lessees further agreed “ to raise, mine, carry…

2Cited by21 opinions

  1. Mineral Park Land Co. v. HowardCalifornia Supreme Court · 1916
  2. Virginia Iron, Coal & Coke Co. v. GrahamSupreme Court of Virginia · 1919
  3. Dougherty, Tr. v. Thomas, Exr.Supreme Court of Pennsylvania · 1933
  4. Timlin v. BrownSupreme Court of Pennsylvania · 1893
  5. Nelson v. Republic Iron & Steel Co.Court of Appeals for the Eighth Circuit · 1917

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