Kittaning Coal Co. v. Moore

Opinion by

Mr. Justice Drew,

In this action in ejectment to recover possession of certain coal lands, the learned court below entered judgment on the pleadings in favor of the lessor under a written lease, and lessees appealed.

On June 10, 1944, Kittaning Coal Company, plaintiff, executed a lease, granting to W. G. Moore and Herman Moore, individually and as partners trading as W. G. Moore & Son, defendants, the right to mine all coal contained under five tracts of lands in Clearfield County. This lease provided, inter alia, that plaintiff was to receive a royalty of fifteen cents for every ton…