Boyer ex rel. Boyer v. Fulmer
Supreme Court of Pennsylvania
Appeal, No. 257, Jan. T., 1896, by defendant, from judgment of C. P. Northampton Co., Feb. T., 1893, No. 5, on verdict for plaintiffs. Mitchell, J., dissents. Assumpsit for royalties on coal lease.
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Appeal, No. 257, Jan. T., 1896, by defendant, from judgment of C. P. Northampton Co., Feb. T., 1893, No. 5, on verdict for plaintiffs. Mitchell, J., dissents. Assumpsit for royalties on coal lease. Before Schuyler, P. J. On the trial the plaintiffs offered in evidence a lease between Sarah Steeley and others with Abraham Boyer, dated April 1, 1875, the material parts of which were as follows : “ The said party of the first part agrees to demise and let unto the said party of the second part for the purpose of carrying on the mining of iron ore, all the timber land of the said party of the…
1Opinion of the Court
Opinion bt
Mr. Justice Green,
The learned court below ruled this case upon the authority of Timlin v. Brown, 158 Pa. 606. If the obligation of the defendant were the same as the obligation of the lessees in that case the ruling would be correct. It must be conceded that there is a close similarity in the controlling terms of the contracts in the two cases. But a critical examination of the terms of the respective contracts has convinced us that they are radically different in the essential matter which gave rise to the decision in the Timlin v. Brown case. In that case the terms of the lease…
2Cases cited3 opinions
- Timlin v. BrownSupreme Court of Pennsylvania · 1893
- Muhlenberg v. HenningSupreme Court of Pennsylvania · 1887
- McCahan v. WhartonSupreme Court of Pennsylvania · 1888
3Cited by13 opinions
- Mineral Park Land Co. v. HowardCalifornia Supreme Court · 1916
- Virginia Iron, Coal & Coke Co. v. GrahamSupreme Court of Virginia · 1919
- Berwind-White Coal Min. Co. v. MartinCourt of Appeals for the Third Circuit · 1903
- National Coal Co. v. OverholtWest Virginia Supreme Court · 1917
- Adams v. Washington Brick, Lime & Manufacturing Co.Washington Supreme Court · 1905
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