Penrose v. Coal Co.

Opinion by

Me. Justice Walling,

On December 1, 1906, John B. Penrose and other owners, as tenants in common, of a six-hundred acre tract of land in Carbon and Luzerne Counties, made and delivered a coal mining lease thereof to Henry D. Stimson for the term of twenty years, reserving a royalty of twenty-five cents a ton on all coal mined and sold therefrom. The lease contains, inter alia, a provision as follows: “And it is further agreed by the parties of the first part that the party of the second part shall have two years in which to explore, determine and fully prove the property, and that he…