Bascom v. Cannon

Citations

• 158 Pa. 225
• 27 A. 968
• 1893 Pa. LEXIS 1570

Syllabus

<p>Mining — Openings■—Contract—Equitable ejectment — Estoppel.</p> <p>A vendor of coal agreed to give to the vendee “ the privilege to enter the land and open for coal at any place he may see fit, at fifty dollars per acre.” The vendee went upon the premises, and drilled and searched for coal all over the farm, and located and opened slopes. Subsequently, a disagreement arising between the parties, an equitable ejectment was brought by the vendor which resulted in a conditional verdict, which was to be released on payment to the vendor of a certain sum of money, he making to the vendee a good title “ agreeably to the articles of bargain and sale,” and also for twelve acres of land “ to be surveyed so as to include all the slopes, openings and sinks in the occupancy of the defendant,” and also for the undivided half of certain other twelve acres. A deed was made in accordance with the terms of the verdict, and the sum of money named in the verdict was paid into court. No mining was thereafter done or attempted on the land outside of the twenty-fou^acres until a period of thirty-seven years after the ejectment. Held, that the acceptance by .the parties of the verdict and deed was a final settlement between them, and that thereafter all the vendee’s rights and privileges under the agreement ceased, and he could open no mines outside of the twenty-four acres.</p> <p>Right of access to underlying coal — Implication.</p> <p>Where parties have agreed upon the mode of access to coal conveyed no implication can be allowed of any other way, however convenient.</p>