Holt v. Kelley

Citations

• 224 Pa. 620
• 73 A. 947
• 1909 Pa. LEXIS 854

Syllabus

<p>Mines and mining — Coal lease — Minimum rental — Thickness of vein.</p> <p>Where a coal lease provides that the lessees shall not be required to pay the minimum rental or mine the coal when the coal in the land is less than two feet six inches in general thickness, the burden is on the lessees in an action against them for the minimum rental to satisfy the jury by the weight of the evidence that the coal was less than two feet six inches in general thickness; and if the evidence as to the thickness is conflicting, and the weight of the evidence tends to show that the lessees had not made proper examinations, explorations, or openings to test the actual thickness of the vein, a verdict and judgment for the lessors will be sustained.</p>