McIntyre v. . McIntyre Coal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department entered upon an order made May 4, 1886, which affirmed a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the material facts are stated in the complaint. The defendant was bound under the lease to proceed continuously in working the mine and during each year to mine at least 100,000 tons.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department entered upon an order made May 4, 1886, which affirmed a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the material facts are stated in the complaint. The defendant was bound under the lease to proceed continuously in working the mine and during each year to mine at least 100,000 tons. (Curtiss v. Howell, 39 N. Y. 211; Sharp v. Wright, 28 Beav. 150.) Mo circumstance of unprofitableness of working will excuse the non-performance of this obligation.…
1Opinion of the CourtDanforth, J.
This case has been twice argued ; the second time at the request of the court in order that a conjecture, not presented by counsel, but prompted by an examination of the lease, and creating some doubts as to the rights of the parties might be called to their attention. The appellants have, however, given the suggestion very little support. They have indeed failed to show that if adopted it would express the intention of the parties, and we find nothing in ths points of the plaintiffs which indicates error in the conclusion reached by the trial judge, as to the true construction of the…
2Cited by5 opinions
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- Vandalia Coal Co. v. UnderwoodIndiana Court of Appeals · 1913
- Bevin v. Henry Steers Sand & Gravel Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Genet v. President, Managers & Company of the Delaware & Hudson Canal Co.The Superior Court of New York City · 1888