Cowan v. Radford Iron Co.

Citations

• 83 Va. 547
• 3 S.E. 120
• 1887 Va. LEXIS 99

Syllabus

<p>1. Estates at Will&emdash;Mutuality&emdash;Termination.&emdash;If one party may terminate an estate at his will, so may the other. Right to terminate is mutual.</p> <p>2. Idem&emdash;Mining leases&emdash;Case at bar.&emdash;Where the minerals in certain land are sold with the usual mining rights to begin at any time after date of the agreement, with no time fixed for their ending, whilst the compensation is to be paid quarterly, as the iron ore is mined ; but lessee to have the privilege of removing from the land at any time any machinery, etc., erected by him ; and lessee has abandoned and failed to mine, and pay anything quarterly, he must be held to have terminated the estate, as he had the right to do, and lessor is no more and no further bound thereby.</p>