Rowland v. Anderson Coal Co.
Supreme Court of Iowa
Appeal from Marion District Court. — W. S. Ayers, Judge. Suit to recover a minimum annual royalty claimed to be due under a written lease, giving the right to mine coal under plaintiffs’ land. Plaintiffs had judgment, and defendant appeals.
1Opinion of the CourtSalinger, J.
mixes and tionsS foi-c’ dena'ofy¿root I. The defendant agreed to pay to plaintiff “as a minimum annual royalty the sum of $1,000 per year” during term of a ■ lease which was entered into on January 2, 1912, and ran 20 years from that date. The “first payment of $1,000” was to be made on January 2, 1915, 3 years from the time the lease was made. The parties are in substantial agreement that the following is the sole question to be decided: Under the coal lease made, must the lessor show that the leased premises contain merchantable or min able or workable coal before he can recover the agreed…
2Cases cited3 opinions
- Ellis v. Cricket Coal Co.Supreme Court of Iowa · 1914
- Saylor Park Land Co. v. Glenwood Coal Co.Supreme Court of Iowa · 1917
- Carl v. Granger Coal Co.Supreme Court of Iowa · 1886
3Cited by3 opinions
- Carter v. Certain-Teed Products Corp.District Court, N.D. Iowa · 1952
- Van Liew v. Norwood-White Coal Co.Supreme Court of Iowa · 1920
- Fisher v. Maple Block Coal Co.Supreme Court of Iowa · 1918