Gloeckner v. Baldwin Township School District

Opinion by

Mr. Justice Musmanno,

On December 30, 1943, Paul Ciaffoni, a tenant in common with Pete Ciaffoni of a certain 170-acre tract of land in Baldwin Township, leased in writing the “President or River Vein of coal” in the property to Salvatore Falingallo, the lease providing that the lessee was to initially pay $500 and then 15 cents per ton for each ton of coal taken out, by strip or shaft mining, the royalties to apply to the $500. The lessee was to start operations within 60 days from the date of the agreement and complete the project within five years.

On March 4, 1947, Falingallo sold…