Brownies Creek Collieries, Inc. v. Asher Coal Mining Co.

CULLEN, Commissioner.

Asher Coal Mining Company (herein called Asher) is a corporation which leases coal lands. On September 5, 1959, Asher executed a “Colmar Lease” of about 4,300 acres of land to Bell Hi Coal Company. That company subsequently assigned the lease to appellees, Gibbs and Hart, who were engaged in mining and selling coal. On June 30, 1961, Asher leased to Gibbs and Hart approximately 6,000 acres of coal lands which are referred to herein as Hance Ridge property. This lease, among other things, provided that “This lease may not be transferred or assigned, either voluntarily or…