Glick v. Lehigh Valley Coal Co.

Citations

• 221 Pa. 428
• 70 A. 810
• 1908 Pa. LEXIS 503

Syllabus

<p>Mines and mining — Coal—“Pea coal” — “Buckwheat, rice and barley coal” — Lease.</p> <p>Where a coal lease fixes a certain rental for pea coal, and defines pea coal as a “coal which passes with the dirt through a screen of three-quarters of an inch mesh,” and the lessee admits that he mined and sold coal known as buckwheat, rice and barley coal, all of which passed through a screen of three-quarters of an inch mesh, he cannot allege as a ground for not paying royalties on such coal that the sizes specified were not known as “pea coal” at the time the lease was made, or at the present time, or was pea coal as defined by the lease.</p>