Bittner v. Quemahoning Coal Co.

Citations

• 271 Pa. 579
• 116 A. 42
• 1922 Pa. LEXIS 762

Syllabus

<p>Mines and mining — Conveyance of coal — Mining another’s coal —Estoppel—Equitable estoppel — Fraud—Constructive fraud/ — Con*■ tract — Construction—Contemporaneous acts — Acts of parties— Ambiguity — Loss of spring.</p> <p>1. To create an equitable estoppel, the party acting must have Had information of the true state of affairs or been in a position to become aware of them, so that to deny what he previously asserted would render him guilty of a fraud or of such gross negligence in ascertaining the truth in the matter as to amount to constructive fraud.</p> <p>2. Acts and declarations founded upon ignorance of one’s rights cannot have the effect of creating an estoppel.</p> <p>3. The acts of the parties to a contract placing a mutual construction upon its provisions are without effect, unless it appears that they acted with knowledge of their rights and of existing facts.</p> <p>4. The contemporaneous acts of the parties in construing their contract will be considered only where the contract is ambiguous.'</p> <p>5. Where an owner sells all the coal under his land, excepting from the conveyance a certain vein of coal, and subsequently, on discovering that coal was being mined in the reserved vein, promptly gives notice of his ownership thereof, he is not estopped from claiming damages for the injury, by the mere fact that he acquiesced in the place of opening chosen by the other party, and aided in the physical work of constructing improvements at the opening.</p> <p>6. Where an owner of land conveys all the coal thereunder, but provides that if there is next to the surface a vein 27 inches thick overlying another vein 3 feet thick, then the 27-inch vein is reserved, and the owner subsequently sues the grantee’s successor in title for coal mined in the 27-inch vein, and for injuries caused to a spring by mining in the 3-foot vein, and the evidence is conflicting as to whether such 3-foot vein existed, the case is for the jury.</p>