Cornely v. Zentmyer

Citations

• 224 Pa. 639
• 73 A. 967
• 1909 Pa. LEXIS 858

Syllabus

<p>Mines and mining — Coal lease — Unpaid rentals — Assignment of lease — Ejectment—Conditional verdict.</p> <p>Where a coal lease for ninety-nine years provides for a minimum royalty, and it appears that neither the lessee nor his assignee has ever taken possession of the coal, or performed any of the covenants of the lease, the assignee cannot recover the coal in ejectment without paying the minimum royalties in arrears.</p>