Bankers Pocahontas Coal Co. v. Central Pocahontas Coal Co.

Hatcher, Judge:

This appeal involves the sufficiency of the bill, a demurrer thereto having been sustained by the circuit court.

The bill was filed at July Rules, 1931. It appears therefrom that in 1901 Pocahontas Thin Vein Coal Land Company leased to Slick Rock Coal Company the coal on a tract of 306 acres in McDowell County for a period of thirty years from January 1, 1902. The lease provided a royalty of eight cents a ton for the coal actually mined and a minimum annual royalty of $3,000.00., By a supplementary contract between lessor and lessee, made in December, 1902, the actual royalty…