Elcomb Coal Co. v. Hall Land & Mining Co.

Opinion of the Court by

Judge Perry

Affirming.

This is an appeal by the Eleomb Coal Company from a judgment of the Harlan circuit court, rendered at its May term, 1937, for royalties held due and owing the appellee (plaintiff below) under a coal lease contract, of date May 16, 1916, which had, after various transfers and assignments of it, come into the ownership of the appellant company and under which it has for several years past been operating and mining and shipping coal from within the boundary, of land therein embraced.

Our construction of this lease is here required for a proper…