Lehigh Valley Coal Co. v. Coxe Bros. & Co.

Opinion by

Mr. Justice Maxey,

This case comes before us on cross appeals taken by both plaintiff and defendant from the holding of the court below, granting judgment for plaintiff in its claim for reimbursement for taxes paid for the years 1930 and 1931 and refusing plaintiff’s claim for deficiency in payment of alleged royalties due. By agreement of the parties the case was tried by a judge without a jury.

The action is on an agreement of lease of coal lands by the lessor’s successor in title against the lessee. The original lease agreement, executed on May 17, 1899, was between the Hazleton…