Legal Opinion
Rocky Mountain Fuel Co. v. Albion Realty & Securities Co.
Court of Appeals for the Tenth Circuit
Decided March 31, 1934No. 892PublishedCited by 6 opinions
1Opinion of the Court
McDERMOTT, Circuit Judge.
The trial court held that the coal mining lease in suit imposed upon appellant an obligation to pay a minimum royalty, or -dead rental, during the term of the lease; and that the fact, also found by the trial court, that the coal had so far played out that mining operations could no longer be carried on at a profit, was no defense to this absolute obligation. The correctness of that decision is the only question on this appeal and it turns upon the terms of the lease, construed in the light of the circumstances under which it was made.
On September 1, 1920, appellant…
2Cases cited15 opinions
- Lehigh Zinc and Iron Company v. BamfordSupreme Court of the United States · 1893
- Colorado Fuel & Iron Co. v. PryorSupreme Court of Colorado · 1898
- Laurence E. Tierney Land Co. v. Kingston-Pocahontas Coal Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Corona Coal & Coke Co. v. DickinsonSupreme Court of Pennsylvania · 1918
- Diamond Iron Mining Co. v. Buckeye Iron Mining Co.Supreme Court of Minnesota · 1897
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- New York Casualty Co. v. Sinclair Refining Co.Court of Appeals for the Tenth Circuit · 1939
- Filtrol Corp. v. Loose Loose v. Filtrol CorpCourt of Appeals for the Tenth Circuit · 1954
- D. H. Pritchard, Contractor, Inc. v. NelsonCourt of Appeals for the Fourth Circuit · 1945
- Ottenberg v. OttenbergDistrict Court, District of Columbia · 1961
- Price v. Stonega Coke & Coal Co.District Court, W.D. Virginia · 1938
1 more not listed; retrieve them via the Exa API.