Myers v. Consumers' Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 122, Jan. T., 1904, by plaintiffs, from decree of G. P. Luzerne Go., March T., 1900, No. 2, on bill in equity in case of E. Oscar Myers et al. v. The Consumers’ Coal Company et al. Bill in equity for an accounting of coal royalties. The opinion of the Supreme Court states the case.
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Appeal, No. 122, Jan. T., 1904, by plaintiffs, from decree of G. P. Luzerne Go., March T., 1900, No. 2, on bill in equity in case of E. Oscar Myers et al. v. The Consumers’ Coal Company et al. Bill in equity for an accounting of coal royalties. The opinion of the Supreme Court states the case. Error assigned among others was (3) in finding that at the date of the lease there was no customary standard of proportion governing production of the various sizes, but that such proportion depended upon the will of a particular operator with reference to his particular market from time to time.
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
The rulings of the learned trial judge on the controlling questions in this case are at variance with the decisions of this court and cannot be sustained, and therefore the decree entered by him must be reversed.
Wright v. Warrior Run Coal Company, 182 Pa. 514, was a bill filed in the court of common pleas of Luzerne County for an accounting of royalties which the plaintiffs alleged were due them from the defendant company on an anthracite coal lease. The lease was dated November 28, 1864, was- for ten years with the right of extension, and the consideration was…
2Cases cited2 opinions
- Wright v. Warrior Run Coal Co.Supreme Court of Pennsylvania · 1897
- Hoyt v. Kingston Coal Co.Supreme Court of Pennsylvania · 1902
3Cited by11 opinions
- Davis v. Pennzoil Co.Supreme Court of Pennsylvania · 1970
- Summers v. KramerSupreme Court of Pennsylvania · 1921
- McCormick's Contested ElectionSupreme Court of Pennsylvania · 1924
- Commonwealth ex rel. Gregory v. GregorySuperior Court of Pennsylvania · 1958
- Kicinko v. PetruskaSupreme Court of Pennsylvania · 1917
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