Cinci v. Fort Mason Coal Mining Co.

Carr, P. J.,

This is a proceeding by petition and rule to open a judgment in ejectment entered by confession against a lessee for certain alleged breaches of covenant.

On October 22, 1947, Serafino Cinci and Fannie Cinci, his wife, mine-leased to Fort Mason Coal Mining Company, a Pennsylvania corporation, a tract of Sewickley coal in Nicholson Township in this county for a period of 10 years, subject to stipulated minimum royalties during each calendar year. The lease provides as follows:

“Royalties for all coal mined and removed during each calendar month shall be paid for on or before the 25th…