Greenough v. Colonial Colliery Co.

Opinion by

Baldeige, J.,

This is an appeal from a judgment entered by the court below on the pleadings in an action of assumpsit brought to recover minimum royalties from October 1, 1934, to September 30, 1935, under a coal lease.

The plaintiffs, on September 16, 1924, granted unto the Colonial Colliery Company the exclusive right and privilege of digging and mining anthracite coal in a certain tract of land, situate in Northumberland County, for a period of 12 years, with an option to renew for another 12 years and for several renewals “until all the coal is wholly exhausted.” The fifth…