Advance Industrial Supply Co. v. Eagle Metallic Copper Co.

Citations

• 267 Pa. 15
• 109 A. 771
• 1920 Pa. LEXIS 803

Syllabus

<p>Mines and mining — Quarry lease — Extent of grant — Possession —Minimum royalty — Sale of minerals — Construction of written instrument — Exceptions—Expressio unius esi exclusio alterius— Présumption — Evidence.</p> <p>1. In cases where a real doubt exists as to tbe extent of a grant, tbe doubt is to be resolved against tbe grantor, especially if tbe instrument was drawn by or for him.</p> <p>2. A lessee is presumptively entitled to exclusive possession of tbe property described in the lease.</p> <p>3. An unlimited right to take minerals during a fixed term, coupled With a duty to do so continuously or to pay a minimum royalty, presumptively is a sale of tbe minerals.</p> <p>4. In sustaining a writing, words must be given their plain meaning, unless something appears to limit the generality of tbe, language used.</p> <p>5. The expression of certain exceptions ordinarily excludes the implication of others.</p>