Legal Opinion

Bangor Peerless Slate Co. v. Bangorvein Slate Co.

Supreme Court of Pennsylvania

Decided April 11, 1921No. Appeal, No. 359PublishedCited by 15 opinions

Appeal, No. 359, Jan. T., 1921, by defendants, from judgment of C. P. Northampton Co., Feb. T., 1919, No. 797, on verdict for plaintiff, in case of Bangor Peerless Slate Co. v. Bangorvein Slate Co. and Bangor Trust Co. Assumpsit for royalties. Before McKeen, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $4,405.33. Defendants appealed.

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Appeal, No. 359, Jan. T., 1921, by defendants, from judgment of C. P. Northampton Co., Feb. T., 1919, No. 797, on verdict for plaintiff, in case of Bangor Peerless Slate Co. v. Bangorvein Slate Co. and Bangor Trust Co. Assumpsit for royalties. Before McKeen, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $4,405.33. Defendants appealed. Errors assigned, among others, were (1) portion of charge quoted in the opinion of the Supreme Court, and (6) refusal of judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Plaintiff, in 1911, leased to E. J. Johnston, for a term of thirty years, a tract of land situated near Bangor, Northampton County, “for the purpose of mining and manufacturing all kinds of slate and slate material therein found and removing and selling the same,” in consideration of the payment of stipulated royalties with a fixed minimum of $3,500 the first year and $4,000 a year for the next nine years, with a further increase in years following. In 1916 Johnson assigned the lease to the Bangorvein Slate Company, one of the defendants, which company, with the…

2Cases cited1 opinion

  1. Wilson v. WernwagSupreme Court of Pennsylvania · 1907

3Cited by15 opinions

  1. Atlantic Refining Co. v. Wyoming National BankSupreme Court of Pennsylvania · 1946
  2. Britex Waste Co. v. Nathan Schwab & Sons, Inc.Superior Court of Pennsylvania · 1939
  3. Thommen v. Aldine Trust Co.Supreme Court of Pennsylvania · 1930
  4. Boldt MacHinery & Tools, Inc. v. WallaceSupreme Court of Pennsylvania · 1976
  5. Kaufmann's EstateSuperior Court of Pennsylvania · 1939

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