Audo v. Western Coal & Mining Co.

Citations

• 99 Kan. 454
• 162 P. 344

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Warranty Deed — Reservation of Underlying Coal — Subsidence of Surface — Damages—Cause of Action. A mining company mined the coal from part of the land owned by it, and then conveyed the land, reserving all the underlying coal and other minerals. Nothing was said in the deed about subjacent support. The purchaser knew that the coal had been mined from part of the land, but had no personal knowledge of the manner in which the mine had been worked. A portion of the surface over that part of the land from which the coal had been mined previous to the making of the deed, subsided after the land had been conveyed. Held, that the purchaser has a cause of action against the mining company for the damage caused by the subsidence of the surface..</p> <p>2. Same — When Statute of Limitations Begins to Run. Such a cause of action does not accrue until the subsidence of the land occurs, and the statute of limitations does not begin to run until that time.</p> <p>3. Warranty Deed — Option to Repurchase — Improvements by Purchaser —Specific Performance. Where a conveyance, such as is mentioned in section 1 of this syllabus, contains an option to repurchase the land at the average price per acre paid by the purchaser, a judgment denying specific performance of such option will not be rev'ersed where ten years have elapsed since the execution of the deed, and where the purchaser has made extensive improvements on the land, greatly enhancing its value, and no offer is made to pay for such improvements.</p>