Deaton v. Taylor

Citations

• 90 Va. 219
• 17 S.E. 944
• 1893 Va. LEXIS 37

Syllabus

<p>1. Mines — Lease—Forfeiture—• Waiver. — The .right to insist upon forfeiture of coal lease for breach of condition subsequent, held, waived by the lessor recognizing lessee’s right to assign the lease.</p> <p>2. Idem — Royalties—Transportation.—Lease of coal mine is not forfeited by failure to make the required output or pay royalties, when the lease provides that failure to get transportation shall excuse the making of such output, and transportation was not obtained and the payment of royalties was waived as provided in the lease. 2 Minor, 697.</p> <p>3. Practice at Common Law — Demurrer to Evidence — Joinder in. — -Where it would he the duty of the trial court to set aside a verdict in favor of the defendants, held, defendants may properly be compelled to join in a demurrer to the evidence. Trout v. V. & T. Railroad Co., 23 Gratt., 630.</p>