Wilson v. Beech Creek Cannel Coal Co.
Superior Court of Pennsylvania
Appeal, No. 17, Feb. T., 1898, by plaintiff, from judgment of C. P. Clearfield Co., Dec. T., 1892, No. 173, on verdict for defendant. Assumpsit. Before Rayburn, P. J., of the 33d judicial district, specially presiding. The plaintiff executed a lease under seal for all the merchantable coal in what was known as the Soult or cannel seam under a certain tract of land in Clearfield county.
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Appeal, No. 17, Feb. T., 1898, by plaintiff, from judgment of C. P. Clearfield Co., Dec. T., 1892, No. 173, on verdict for defendant. Assumpsit. Before Rayburn, P. J., of the 33d judicial district, specially presiding. The plaintiff executed a lease under seal for all the merchantable coal in what was known as the Soult or cannel seam under a certain tract of land in Clearfield county. Said lease contained a covenant to pay an advance on royalties of $500 and the sum of $250 within sixty days after the expiration of any year until the year 1895. The $500 payment was made but none of the…
1Opinion of the Court
Opinion by
Porter, J.,
By the document upon which this suit is founded the lessor agrees “ to lease and demise unto the said lessee, his heirs and assigns all of the merchantable coal contained in that certain seam known and called the Soult or cannel seam of coal on, under or upon ” the tract of land described. The lessee covenanted to pay an advance on royalties of $500 within four months after the execution of the document, and to pay yearly, after June 1,1890, $250 within sixty days after the expiration of any year until-the year 1895. The $500 payment was made. This suit is brought for the…
2Cases cited1 opinion
- Wilson v. Beech Creek Cannel Coal Co.Supreme Court of Pennsylvania · 1894