Watts v. Lehman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland; county: Of May Term, 1884, No. 38. Trover and conversion by Henry M. Watts, and William M. Watts, trading as Henry M. Watts & Son, against J. C. Lehman, to recover certain machinery, implements and tools for mining iron ore. Plea, not guilty.
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Error to the Court of Common Pleas of Cumberland; county: Of May Term, 1884, No. 38. Trover and conversion by Henry M. Watts, and William M. Watts, trading as Henry M. Watts & Son, against J. C. Lehman, to recover certain machinery, implements and tools for mining iron ore. Plea, not guilty. On the trial, before HERMAN, P. J., the plaintiffs claimed that as tenants of a certain tract of land under mining lease from defendant they had put said machinery on the property, and that by the terms of the lease, and under the facts of the case, they bad the right to remove said implements and…
1Opinion of the CourtJustice TkttNKEY
In Lehman v. Watts & Son it has just been decided that the lease contains “no covenant, express or implied, to pay for ore not mined and removed.” Whether the lessor could 'maintain covenant against the lessees to recover damages for the default in not mining and removing two hundred tons of ore in every period of thirty days, is a question not raised in that case, nor is it in this. Damages arising from breach of contract to mine a certain quantity of ore is not to be confounded with royalties to be paid upon the number of tons mined.
The parties stipulated that the lessees might remove the…
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- Berry v. Heinel Motors, Inc.Superior Court of Pennsylvania · 1947
- Radey v. McCurdySupreme Court of Pennsylvania · 1904
- Kinnear v. Scenic Railways Co.Supreme Court of Pennsylvania · 1909
- Donnelly v. Frick & Lindsay Co.Supreme Court of Pennsylvania · 1904
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