Helfenstein v. Line Mountain Coal Co.

Opinion by

Mr. Justice Kephart,

Plaintiff sued to recover royalties alleged to be due on account of coal and culm taken by defendant and his predecessors in title from the Shamokin and Mahanoy creeks under options or leases procured by plaintiff. The court below entered a summary judgment for want of a sufficient affidavit of defense.

This claim is based on two agreements known as Exhibits A and B, which plaintiff contends obligated the parties therein named to the payment of royalties on leases or options procured by him, whether taken in his name or the name of others mentioned. This…