Harlan v. McGraw

Citations

• 107 Wash. 286
• 181 P. 882
• 1919 Wash. LEXIS 752

Syllabus

<p>Mines and Minerals (17)—Coal Lands—Lease—Forfeiture— Waiver. A coal mine lease, calling for payment of royalties on all coal mined and giving the lessor the right of oversight and inspection of operations, cannot he forfeited for waste in using coal for ballast, if the lessor permitted the lessee to mine coal for ballast and exclude the same from the royalty account; at least, not until specific demand had been refused.</p> <p>Same (17)—Coal Lands—Lease—Breach. Where a coal mine lease pledged the property as security for the payment of rental, the filing of labor liens against the property is not such a breach as would warrant forfeiture of the lease, especially where the liens have been fully paid.</p> <p>Equity (19)-—Mines and Minerals (17)—Forfeitures — Coal Mine Lease. While equity may forfeit a coal mine lease for default in the payment of a few month’s royalties, it will leave the lessor to his remedy at law, where the amount involved was small, the lease had a long time to run, valuable improvements had been made, and the default was due to a mistake in the lessee’s construction of the contract.</p>