Lance ex rel. Gummey v. Lehigh & Wilkes-Barre Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 285, Jan. T., 1894, by William L. Lance, to use of Thomas A. Gummey and the Fidelity Ins. Trust & Safe Deposit Co., from order of C. P. No. 4, Phila. Co., June T., 1890, No. 4, dismissing exceptions to report of referee. Assumpsit on coal lease. The master, S. S. Hollingsworth, Esq., reported as follows: “FINDINGS OF FACT.
Read the full summary
Appeal, No. 285, Jan. T., 1894, by William L. Lance, to use of Thomas A. Gummey and the Fidelity Ins. Trust & Safe Deposit Co., from order of C. P. No. 4, Phila. Co., June T., 1890, No. 4, dismissing exceptions to report of referee. Assumpsit on coal lease. The master, S. S. Hollingsworth, Esq., reported as follows: “FINDINGS OF FACT. “1. On Oct. 21, 1871, William L. Lance leased to Thomas Broderick and others, by deed duly executed by all parties, ‘ all the anthracite coal upon and under ’ certain described parcels of land in Plymouth township, Luzerne county, in the state of Pennsylvania, ‘…
1Opinion of the Court
Opinion by
Me. Justice Fell,
This was an action to recover, damages for the alleged breach of a mining lease in which the plaintiff was lessor and the assignors of the defendant were lessees.
The plaintiff’s claim was for: 1st, the amount received by the defendant from the sale of pea and buckwheat coal from 1875 to 1890; 2d, the value of culm or refuse coal mined in the tract leased but removed therefrom; Sd, compensation for the carriage of coal from other properties of the defendant through the mine leased. The action was referred by agreement to S. S. Hollingsworth, Esq., as referee, who…
2Cited by3 opinions
- Hollenback Coal Co. v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1907
- State v. Hobart Iron Co.Supreme Court of Minnesota · 1919
- Commonwealth v. KozakSuperior Court of Pennsylvania · 1957