Cherokee Construction Co. v. Bishop
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; 7. Virgil Bourland, Chancellor; 1. The decree can only be sustained upon the theory that the mere removal of the large machinery from No. 2 slope authorized cancellation of the lease. _ This cannot be sustained.
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Appeal from Sebastian Chancery Court; 7. Virgil Bourland, Chancellor; 1. The decree can only be sustained upon the theory that the mere removal of the large machinery from No. 2 slope authorized cancellation of the lease. _ This cannot be sustained. When the coal reached this slope and from a practical miner’s standpoint became unworkable, then appellant had the right to sink an opening at such place as its judgment dictated for the purpose of removing the remaining coal, in the meantime paying minimum royalty. 2. Tlie court erred in awarding judgment for the value of the machinery removed.…
1Opinion of the CourtBattle, J.
On the 26th day of February, 1901, Araminta D. Bishop and others leased certain lands to Jerry M. Cravens for a period of thirty years. The lease is as follows:
“This contract and agreement, made and entered into this 26th day of February, A. D., 1901, by and between Araminta D. Bishop, widow of R. A. Bishop, deceased, Titula W. Hocott and Thomas Hocott, her husband, Lee S. Bishop and wife, Hay Bishop, Almira T. Shelton and her husband, John H. Shelton, Ben Bishop and wife, Minnie Bishop, of Sebastian County, Arkansas, parties of the first part, and Jerry M. Cravens of Sebastian County,…
2Cases cited5 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Choate v. KimballSupreme Court of Arkansas · 1892
- Ozark v. AdamsSupreme Court of Arkansas · 1904
- Harper v. TidholmIllinois Supreme Court · 1895
3Cited by4 opinions
- Empress Theatre Co. v. HortonCourt of Appeals for the Eighth Circuit · 1920
- Higginbotham v. HarperSupreme Court of Arkansas · 1943
- James v. AndersonNew Mexico Supreme Court · 1935
- McCoy v. WilsonSupreme Court of Arkansas · 1925