Hollenback Coal Co. v. Lehigh & Wilkes-Barre Coal Co.

Citations

• 219 Pa. 124
• 67 A. 987
• 1907 Pa. LEXIS 613

Syllabus

<p>Mines and mining — Coal lease — Sale of coal — Contract.</p> <p>By a contract in writing an owner of coal demised, leased and to mine let to another “all that vein or seam of coal known as the Baltimore vein, and the veins, or seams of coal underlying” it. By another clause it was agreed “that at the end of said term the said party of the second part shall leave the mines worked under this lease in such good condition .and so far prepared for future workings as that at least one hundred thousand tons of coal can be mined the next succeeding year from the then existing coal workings without injury to, or robbing of the mines.” In still another clause it was stipulated that the lessee in consideration of certain rentals should be permitted to “mine and remove from said premises of the veins hereby leased, 100,000 tons of coal of 2,240 pounds each, of a size which will pass over a screen of five-eighths inch mesh in each and every year of said term.” Held, that the lessee could only remove after mining, such broken coal as would pass over the five-eighths inch meshes.</p> <p>Mitchell, C. J., dissents.</p>