Tustin v. Philadelphia & Reading Coal & Iron Co.
Supreme Court of Pennsylvania
Appeal, No. 100, January T., 1915, by defendant, from judgment of C. P. No. 1, Philadelphia Co., March T., 1911, No. 280, on verdict for plaintiff in case of Ernest L. Tustin and Charles P. Lineaweaver, administrators d. b. n. c. t. a., under the will of Hugh Bellas, deceased, v. The Philadelphia & Reading Coal & Iron Company. Assumpsit to recover balance of rent alleged to be due on mining lease. Before Patterson, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 100, January T., 1915, by defendant, from judgment of C. P. No. 1, Philadelphia Co., March T., 1911, No. 280, on verdict for plaintiff in case of Ernest L. Tustin and Charles P. Lineaweaver, administrators d. b. n. c. t. a., under the will of Hugh Bellas, deceased, v. The Philadelphia & Reading Coal & Iron Company. Assumpsit to recover balance of rent alleged to be due on mining lease. Before Patterson, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $334,297.32 and judgment thereon. Defendant appealed. Error assigned, among others, was the refusal…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit to recover a balance alleged to be due on an anthracite coal lease. The amount claimed is the difference between the total of the amounts paid by the lessee, during the term of the lease, and the total claimed to be due for royalties on coal *428mined and shipped from the demised premises, cash to make up the minimum royalties as prescribed by the lease, and a charge of five cents per ton on coal mined from other tracts and carried through the leased tract. The lease was made by Simon P. Wolverton, administrator d. b. n. c. t. a.…
2Cases cited16 opinions
- Hill v. EpleySupreme Court of Pennsylvania · 1858
- Sternbergh v. BrockSupreme Court of Pennsylvania · 1909
- Woods v. WilsonSupreme Court of Pennsylvania · 1861
- Guillou v. PetersonSupreme Court of Pennsylvania · 1879
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3Cited by35 opinions
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