Third National Bank & Trust Co. v. Lehigh Valley Coal Co.

Opinion by

Mr. Justice Horace Stern,

Did a lessor, by giving the lessee permission to mort: gage the demised estate, waive the right reserved by it in the lease to repossess itself of the property upon a default by the lessee? That is the question involved in this case, and we answer it, as did the court below, in the negative.

In 1932 the Lehigh Yalley Coal Company leased to the Wyoming Yalley Collieries Company certain coal mines in Luzerne County known as the Forty Fort and Harry E. Collieries. The lease ivas for all the coal in, under and upon the therein described tracts of land, together…