Bannan v. Graeff

Citations

• 186 Pa. 648
• 40 A. 805
• 1898 Pa. LEXIS 1052

Syllabus

<p>Mines and mining — Termination of lease — Roy allies.</p> <p>Where a mining lease provides that the lessees shall mine and ship each year as much coal as will produce$5,000, at the rents designated, “unless prevented from doing so by any unavoidable accident or occurrences beyond their control,” it is a complete defense to an action for royalties, that the coal had become so far exhausted before the end of the term as absolutely to prevent the lessees from mining further.</p>