Doster v. Friedensville Zinc Co.

Citations

• 140 Pa. 147
• 21 A. 251
• 1891 Pa. LEXIS 818

Syllabus

<p>(a) A lease was granted “ for the purpose of searching for mineral and fossil substances, and conducting mining and quarrying operations,” ad libitum, the grantees to pay “ for all fine zinc ores, sulphurets of zinc and iron ores ” forty cents per ton washed and dressed and taken away.</p> <p>(5) In the process of extracting the ore, the rock was crushed by machinery, the crushed material washed, and the ore thus separated was removed, used, and paid for by the grantees; while the refuse left, containing about 7.5 per cent of zinc oro, was treated as waste material, not utilizable as ores :</p> <p>1. In such case, the refuse material must be regarded as a substance other than ores, and for its conversion by the grantees the grantor was entitled to recover the value thereof as damages, and to an injunction restraining the grantees from its further sale and removal from the lands demised.</p>