Kanawha-Gauley Coal & Coke Co. v. Sharp
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by the . Kanawha-Gauley Coal & Coke Company against C. C. Sharp. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
Lynch, Judge :
The Kanawha-Gauley Coal & Coke Company, in January, 1901, leased to C. C. Sharp for coal mining purposes one thousand acres of land in Fayette county, on a stated royalty payable quarterly. The minimum royalty for the first year was fixed at $2000, and for the second year $5000; all of which was paid except $625. To recover this balance, plaintiff brought assumpsit. From a judgment for defendant on the verdict of a jury, plaintiff obtained a writ of error.
But one question is presented for consideration, namely: Shall Sharp, the lessee, be required to respond in damages to the…
2Cases cited12 opinions
- Murray v. . HarwayNew York Court of Appeals · 1874
- Randol v. TatumCalifornia Supreme Court · 1893
- Adams v. ShirkCourt of Appeals for the Seventh Circuit · 1902
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- Porter v. MerrillMassachusetts Supreme Judicial Court · 1878
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