Jenkins v. Clyde Coal Co.

RobiítsoN, J.

In May, 1885, the plaintiff and his wife entered into an agreement in writing with the defendant by which the former granted to the latter the exclusive right to mine and take coal from a tract of land described, for the term of fifteen years. In consideration of that right, the defendant agreed to pay to the plaintiff a royalty of ten cents for each ton of coal mined. The royalty was to be paid semi-annually, and in case it did not amount to one thousand dollars for each year, beginning -with September 1, 1885, the defendant was to add to it an amount sufficient to make that…