Miller v. Chester Slate Co.

Citations

• 129 Pa. 81
• 18 A. 565
• 1889 Pa. LEXIS 931

Syllabus

<p>(a) A lease of asíate quarry contained tire following covenant: “The party of the second part agrees to forfeit the lease when they fail in not working the quarry for a space of three successive months.” The lessor alleging a forfeiture of the lease, brought ejectment against the lessee.-</p> <p>1. The words “ working the quarry,” mean the working of the pit; and the doing of any work necessary for the proper and convenient use of the pit, such as the removal of earth, debris, water, ice, or snow, would be working the quarry as truly as the blasting and removal of the slate.</p> <p>2. Wherefore, a forfeiture of the lease would not be incurred by a failure to remove slate from the quarry, during a period when it was necessarily interrupted by the work of removing the water, snow and ice in the quarry, to make it possible to reach and remove the slate.</p> <p>8. The trial court having properly instructed the jury upon the question raised by the language of the lease, and the jury having found in accordance with the instruction, whether the correct exposition came from the court or the jury could make no difference to the plaintiff.</p>