Hazleton Coal Co. v. Buck Mountain Coal Co.
Supreme Court of Pennsylvania
Certificate from Nisi Prius: No. 179, to January Term 1867. This was an amicable action of covenant in which The Buck Mountain Coal Company were plaintiffs, and The Hazleton Coal Company were defendants.
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Certificate from Nisi Prius: No. 179, to January Term 1867. This was an amicable action of covenant in which The Buck Mountain Coal Company were plaintiffs, and The Hazleton Coal Company were defendants. The covenant on which the suit was founded was contained in an agreement between the parties made November 4th 1862, in which the defendants “ agree to construct, at their own cost, a good and substantial single-track railroad, with all the necessary switches, turnouts, sidings, &c., for the purposes of a coal road, from the present chutes or stocking ground of the Buck Mountain Coal Company,…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The true interpretation of the transportation clause in the contract between these parties, is the only important question in this case. It alone was argued and relied upon, and its decision is all that is required. The agreement was executed on the 4th of November 1862; but the transportation part of it was not to take effect until June 1863, when the road was to be finished. The substitution of A. Pardee & Co., in the mean time, on the 24th of December 1862, as lessees both of the mines and the transportation, whose interests would conflict…
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