Bruce Coal Co. v. Bibby
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. In Equity. Bill by William Bibby against the Bruce Coal Company and others, for an accounting and discovery. From a decree for complainant, respondents appeal.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. In Equity. Bill by William Bibby against the Bruce Coal Company and others, for an accounting and discovery. From a decree for complainant, respondents appeal. The bill alleges that the complainant leased to one Mark Ellis certain lands for the purpose of mining coal therefrom under a lease contract, which sufficiently appears from Exhibit B to the bill; that Ellis assigned and transferred the lease to the Bruce Coal Company, and that thereafter and before the filing of this bill the Gayosa Coal Company in some way acquired…
1Opinion of the CourtAnderson, C. J.
[1 ] The lease contract, after providing for 7 cents per ton as royalty for. the coal to be mined, contains the following provision:
“The party of the second part guarantees unto the party of the first part that royalty shall be paid for not less than fifty tons per day after four (4) months from date, whether such amount' of coal be mined or not, and at the end of each month, from date of this lease, if an amount equal to the royalty of fifty tons per day, at seven (7) cents per ton, has not been paid, then the party of the second part agrees to make good such shortage.”
It is manifest from…
2Cases cited5 opinions
- Bell v. McLaughlinSupreme Court of Alabama · 1913
- Penny v. British & American Mortgage Co.Supreme Court of Alabama · 1901
- Smith v. RoneySupreme Court of Alabama · 1913
- Brooks v. CookSupreme Court of Alabama · 1902
- Cassells Mills v. First National BankSupreme Court of Alabama · 1914
3Cited by8 opinions
- Davidson v. BrownSupreme Court of Alabama · 1926
- Holt v. City of MontgomerySupreme Court of Alabama · 1924
- Merchants Nat. Bank of Mobile v. BertollaSupreme Court of Alabama · 1944
- Mitchell v. FriedlanderSupreme Court of Alabama · 1944
- Miller v. WoodardSupreme Court of Alabama · 1922
3 more not listed; retrieve them via the Exa API.