Hamrick v. Nutter

Meredith, Judge:

This is an action of assumpsit brought to recover rentals accruing under the- minimum royalty provision of a coal mining lease, and also for damages for failure to develop the mine as provided therein. Defendant craved oyer of the "writing' obligatory” sued on, which being produced, defend- and demurred to the declaration. The demurrer was overruled and the questions arising thereon were certified here.

The declaration avers that on June 20, 1917, plaintiff being the owner in fee of the undivided 5/6 interest of a certain tract of land containing 137 acres, by a certain…