Bannan v. Graeff
Supreme Court of Pennsylvania
Appeal, No. 201, Jan. T., 1897, by plaintiffs, from judgment of C. P. Schuylkill Co., Sept. T., 1896, No. 178, on verdict for defendants. Assumpsit on a mining lease. Before Albright, P. J. Rule for judgment for want of a sufficient affidavit of defense. The facts sufficiently appear by the opinion of the Supreme Court. Error assigned was in discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Green,
There was no absolute obligation in the lease in question to pay a fixed royalty or rental throughout the whole period of the term, as there was in Timlin v. Brown, 158 Pa. 606, and therefore the liability of the lessees must be measured by the ordinary reading of the terms of the contract. The sixth clause of the lease provides that the lessees shall mine and ship each year as much coal as will produce $5,000 yearly at the rents designated, “ unless prevented from doing so by any unavoidable accident or occurrences beyond their control.” If therefore the coal on…
2Cases cited4 opinions
- Timlin v. BrownSupreme Court of Pennsylvania · 1893
- Muhlenberg v. HenningSupreme Court of Pennsylvania · 1887
- Boyer ex rel. Boyer v. FulmerSupreme Court of Pennsylvania · 1896
- McCahan v. WhartonSupreme Court of Pennsylvania · 1888
3Cited by7 opinions
- Mineral Park Land Co. v. HowardCalifornia Supreme Court · 1916
- Virginia Iron, Coal & Coke Co. v. GrahamSupreme Court of Virginia · 1919
- Adams v. Washington Brick, Lime & Manufacturing Co.Washington Supreme Court · 1905
- Steele v. MaherSuperior Court of Pennsylvania · 1909
- Vandalia Coal Co. v. UnderwoodIndiana Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.