Vogel v. Berkley

TAMILIA, Judge:

This is an appeal from a pre-trial Order which dismissed with prejudice four of five counts of appellants’ complaint and directed the case to trial only on the remaining count.

The facts indicate that appellants owned one piece of land (the home property) and subsequently purchased another property (the Adams’ property). In 1976, they entered into separate option/lease agreements with appellees concerning the drilling and exploration for coal on both properties.

In 1977, appellees exercised the option acquiring rights to surface mine coal for five years on the Adams’ property. In…