Big Black Creek Improvement Co. v. Kemmerer

Citations

• 162 Pa. 422
• 29 A. 739
• 1894 Pa. LEXIS 996

Syllabus

<p>Contract — Coal lease — Bent.</p> <p>By an 'instrument in writing defendant’s assignor covenanted to pay a certain sum each year in the nature of rent for coal leased to him. It was provided, however, that if the lessee could not produce, from causes beyond his control, the quantity of coal required at a certain rate t'o produce the total amount of rent, he should be exonerated from the payment of rent on all coal other than the quantity actually mined during the year. The instrument also provided for a sale to the lessee of certain buildings and fixtures for a sum specified. The lessee further covenanted to pay the lessor “ as and by way of rent in each and every month the sum of two hundred dollars for the use of the miners’ houses.” Defendant took an assignment of the lease and agreed to perform all its covenants. Subsequently the lessor conveyed his reversion to another person. The evidence showed that for several years the mine was flooded and that defendant was prevented from mining by causes beyond his control. Held, that defendant was bound to pay plaintiff, the original lessor, the value of the buildings and fixtures, and also the rent of the houses daring the continuance of the term.</p> <p>In the above case the covenants to mine and pay rent for houses were not dependent upon each other, and the only exemption from liability was for coal not actually mined for causes beyond the control of the lessee.</p>