Fisher v. Maple Block Coal Co.
Supreme Court of Iowa
Appeal from. Polh District Govrt.- — Chas. A. Dudley, Judge. Action by the lessor iu a mining lease to recover a stipulated minimum royalty for the mining of coal. The defense, in general terms, was that plaintiff’s right to a minimum royalty had terminated and ceased, under the terms of the contract, because all minabie coal had been removed, and the royalty thereon paid prior to the term for which the plaintiff sues.
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Appeal from. Polh District Govrt.- — Chas. A. Dudley, Judge. Action by the lessor iu a mining lease to recover a stipulated minimum royalty for the mining of coal. The defense, in general terms, was that plaintiff’s right to a minimum royalty had terminated and ceased, under the terms of the contract, because all minabie coal had been removed, and the royalty thereon paid prior to the term for which the plaintiff sues. There was a judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtEvans, J.
The plaintiff is the owner of a farm in Polk County. In October, 1903, she executed to the defendant’s assignors a mining lease, whereby she granted the right to the lessee to mine all the coal underlying said lands. By its terms the lease was to run for 20 years from date, “unless all the. coal shall be sooner removed.” She was to receive a royalty of 10 cents per ton, payable monthly, for all coal mined during the preceding month. It was further provided therein that the lessee should “pay a minimum royalty of $1,000 for each year during the continuance of the lease, payable semi-annually…
2Cases cited8 opinions
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
- Palmer Brick Co. v. WoodwardSupreme Court of Georgia · 1912
- Double v. Union Heat & Light Co.Supreme Court of Pennsylvania · 1896
- Jamestown & Franklin R. R. v. EgbertSupreme Court of Pennsylvania · 1892
- Aderhold v. Oil Well Supply Co.Supreme Court of Pennsylvania · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Van Liew v. Norwood-White Coal Co.Supreme Court of Iowa · 1920
- Taylor v. ThomasWest Virginia Supreme Court · 1928
- Zimbelman v. Boone Coal, Inc.Supreme Court of Iowa · 1935
- Van Liew v. Norwood-White Coal Co.Supreme Court of Iowa · 1920