Lehigh & Wilkes-Barre Coal Co. v. Wright

Citations

• 177 Pa. 387
• 35 A. 919
• 1896 Pa. LEXIS 997

Syllabus

<p>Mines and mining — Goal lease — Construction of lease.</p> <p>In construing a coal lease the mere use of technical words or phrases which have a definite legal signification cannot be allowed to defeat the contrary intention of the parties, if that intention be manifest from the. whole contract. Thus the words, demise, lease, mine let. lessors and lessees, and like words specially appropriate to a contract between the owner and tenant for years have no bearing if the contract is, in fact, not a lease, but a sale of coal in place.</p> <p>Mines and mining — Sale of coal in place — Coal lease — Minimum rental.</p> <p>Under a coal lease the lessee was to have and to hold “ all the coal upon and under ” the premises of the lessors “ for and until such time as all the merchantable anthracite coal shall have been mined and removed.” The lessee covenanted to pay to the owner 25 cents per ton for every ton mined, the “ rent or royalty to be paid quarterly.” It was further provided as follows: “ And the said party of the second part, its successors and assigns, whether coal be mined or not, shall pay to the said party of the first part, their executors, administrators and assigns, in the proportions aforesaid, an annual minimum rental of not less than $4,000, payable in quarterly installments on the said first days of April, July, October and January. And if the said party of the second part, its successors and assigns, shall fail in any year to mine coal to amount to the said minimum, which it or they shall have paid, the deficiency may be made up in any subsequent year during the time of this lease without any payment therefor. And should the breaker of the said party of the second part, its successors and assigns, be destroyed by fire or other unavoidable cause, the rent may be postponed for the time which may be necessary to erect a new breaker, not however to exceed three months.” Held,, (1) that the lease constituted a sale of coal in place; (2) that as long as the l