Smith v. Pocahontas Fuel Co.

By a contract dated June 15, 1906, J. M. Smith and others, hereinafter called the lessors, leased to the Pocahontas Collieries Company, a corporation, hereinafter called the lessee, for the period of one hundred years, “the sole and exclusive privilege of mining coal and manufacturing coke from the veins or seams of coal in, upon and under” a tract of land “containing 353.79 acres, more or less, ” lying on the waters of Laurel Creek, in Tazewell county, Virginia. The material provisions of the contract are copied in the margin.*

*272It will be observed that the contract provides for two classes of…