Birdsall v. Delaware & H. Co.
District Court, M.D. Pennsylvania
Action by William S. Birdsall and another against the Delaware & Hudson Company. On demurrer to defendant’s plea in abatement.
1Opinion of the Court
WITHER, District Judge.
The plaintiffs with James Scott, George H. Birdsall, and Maria E. Bailey, since deceased, on October 24, 1890, made and executed an instrument, known as a “lease,” whereby the lessee obligated itself to mine and pay for not less than 20,000 tons of prepared coal per annum or pay $6,000 a year. The defendant took possession of the land and began mining coal, and paid the minimum $6,000 annually until April, 1902, since when they have not made any payment. This suit is brought to enforce collection of the payments due.
'I'he defendants plead in abatement: First, that the…
2Cases cited4 opinions
- Estate of LazarusPennsylvania Orphans' Court, Luzerne County · 1892
- Penn v. Butler. Butler v. Penn. Penn v. Penn. Same v. SameSupreme Court of the United States · 1801
- Dana v. ParkerU.S. Circuit Court for the District of Massachusetts · 1886
- Robinson v. HintragerU.S. Circuit Court for the District of Northern Iowa · 1888
3Cited by1 opinion
- Allen-Qualley Co. v. Shellmar Products Co.District Court, N.D. Illinois · 1929