Drake v. Lacoe

Citations

• 157 Pa. 17
• 27 A. 538
• 1893 Pa. LEXIS 1396

Syllabus

<p>Mines and mining — Miners’ weight.</p> <p>Minors’ weight in the absence of evidence of an agreement as to a dif-</p> <p>ferent meaning, is such quantity of coal as is computed at a ton in paying the miner who mines by the ton.</p> <p>Goal lease — Acquiescence in construction of contract.</p> <p>A lessee in a coal lease agreed to pay ten cents per ton, “ miners’ weight ” for all eoal mined. The master found that from the evidence it appeared that the phrase “ miners’ weight” meant such quantity of coal, ■slate and dirt as was agreed upon between the operators and miners to be sufficient to make a ton of prepared coal. It appeared that about twenty per cent of the mine wagon’s contents was deducted as worthless. The miner was paid for the remainder as coal. The lessees paid royalties on me number of tons of eoal prepared for the market in this way. The lessors received full statements of the coal thus mined during all the years that returns were made to them, and made no objection as to their accuracy until suit was bi’ought. Held that the parties having thus interpreted the contract, lessors could not recover for a greater number of tons.</p> <p>Assignment of lease — Privity of estate.</p> <p>An assignment of a lease for an increased consideration, with wholly new stipulations, with right of re-entry for conditions broken, with an express assumption of continuing liability of the assignors to the owners under the original lease and a manifest intention to sublet, will not destroy the privity of estate between the lessors and lessees.</p> <p>Lease — Loyalties—Laches—Practice—Equity.</p> <p>On a bill in equity for an account of royalties under a coal lease, defendants cannot allege at the oral argument before the court, that their privity of estate with plaintiffs had been terminated by an assignment of the lease, when no such defence was set up by demurrer, or in the answer, or in the proceedings before the master.</p> <p>Forfeiture of lease — Laches—Equity.</p> <p