Thomas v. Spruks

BUFFINGTON, Circuit Judge.

In this case it appears that the Philadelphia & Reading Coal & Iron Company and the Fulton Coal Company owned’ the anthracite coal mining land here involved and leased the same to the Northumber-land Mining Company on a coal royalty per ton for all coal “mined and shipped from the Fulton lands and that may be taken and shipped from the Enterprise culm banks or sold upon the demised, premises." It further provided the lessee each month make a statement of all coal “mined and shipped from or sold upon the demised premises.”

On May 30, 1934, Charles Spruks, the appellee,…