Bentz v. Barclay

Opinion by

Mr. Justice Sadler,

On February 22,1923, Barclay and Seidler granted to the Bentz heirs, present appellants, the right to strip, coal on certain designated land for a period of six months, the privilege being given to take not less than thirty thousand, nor more than sixty thousand tons. A nominal rental was named with provision for the pay ment of a royalty for each ton taken out, dependent in amount on the sale price of the product. The contract provided, in part, as follows: “It is understood and agreed that this agreement shall continue for a period of six months from the date…