Wilson v. Beech Creek Cannel Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 192, Jan. T., 1894, by-plaintiff, Isaac Wilson, from order of C. P. Clearfield Co., Dec. T., 1892, No. 173, entering judgment of nonsuit. Assumpsit for royalties under coal lease.
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Appeal, No. 192, Jan. T., 1894, by-plaintiff, Isaac Wilson, from order of C. P. Clearfield Co., Dec. T., 1892, No. 173, entering judgment of nonsuit. Assumpsit for royalties under coal lease. Before Krebs, P. J. The material portions of the lease were as follows : “ The said lessor agrees to lease and demise unto the said lessee, his heirs or assignees, all of the merchantable coal contained in that certain seam known and called the Soult or cannel seam of coal, on, under or upon that certain tract or parcel of land situate in Bradford township, county and state aforesaid; [with right of…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This is an appeal from the refusal of the court below to take off a compulsory nonsuit, entered because the plaintiff did not prove that it was practicable to mine merchantable coal “ in reasonable quantity ” from the Soult seam which he leased to the assignor of the defendant company. The lease was made on the twenty-third of February, 1888, and the lessee was to commence operations under it within three months from its date, but he was not bound to mine and ship coal from the demised premises prior to July 1,1895. He agreed to advance to the lessor, “ on…
2Cited by5 opinions
- G.E.J. Corporation and M.F. Corporation v. Uranium Aire, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1963
- Windber Construction Co. v. ColemanSuperior Court of Pennsylvania · 1958
- Oliver v. PolsonWashington Supreme Court · 1921
- Martin v. Walsenburg Fuel Co.District Court, D. Colorado · 1912
- Wilson v. Beech Creek Cannel Coal Co.Superior Court of Pennsylvania · 1898