Carl v. Granger Coal Co.
Supreme Court of Iowa
Appeal from Keokuk Cvrotdt Court. Action on a lease, and to recover damages for a failure to perform the conditions of the lease. Trial by jury. Verdict for the plaintiff for $28.75. Upon motion of the defendant judgment was rendered for it notwithstanding the verdict. The plaintiff appeals.
1Opinion of the CourtSeevers, J.
i. contract: teeaoif offse: damages. The petition and amendment thereto state that in April, 1881, the parties entered into a contract in writing, which is made a part of the petition, whereby the plaintiff' leased to the defendant certain described land for the purpose of mining coal thereon, and that defendant agreed, if there was a workable vein of good, merchantable coal on said land, to mine coal thereon, commencing the first day of June, 1885, and thereafter pay the royalty agreed upon; that there is a workable vein of good, merchantable coal on said land, and that, if defendant had…
2Cases cited1 opinion
- Watson v. Van MeterSupreme Court of Iowa · 1876
3Cited by4 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Coman v. WilliamsNorth Dakota Supreme Court · 1954
- Laing v. PriceWest Virginia Supreme Court · 1914
- Rowland v. Anderson Coal Co.Supreme Court of Iowa · 1917