Elkhorn Valley Coal-Land Co. v. Empire Coal & Coke Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elkhorn Valley Coal-Land Company, from that part of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of August, 1919, granting defendant’s motion for judgment on the pleadings and dismissing the complaint.
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Appeal by the plaintiff, Elkhorn Valley Coal-Land Company, from that part of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of August, 1919, granting defendant’s motion for judgment on the pleadings and dismissing the complaint. Appeal by the defendant, Empire Coal and Coke Company, from that part of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of August, 1919, granting leave to the plaintiff to…
1Opinion of the Court
Smith, J.:
Both parties to this action are West Virginia corporations. The plaintiff executed and delivered to the defendant a lease of certain coal'lands in West Virginia for the term of thirty years, with the right to the defendant to demand a renewal of the lease, provided the defendant had complied with all conditions of the lease binding upon it during the first term of thirty years.
This action was brought in 1917. The lease was executed in June, 1891, so that at the time the action was commenced the original term of the lease would not expire for four years. This action is brought by the…
2Cases cited5 opinions
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- Rector of St. Stephen's Protestant Episcopal Church v. Rector of the Church of the TransfigurationNew York Court of Appeals · 1911
- Washburn v. . BurnhamNew York Court of Appeals · 1875
- Stokes v. HoughtonAppellate Division of the Supreme Court of the State of New York · 1897
- De Kalb Holding Co. v. Madison Theatre Co.Appellate Division of the Supreme Court of the State of New York · 1914