Montooth v. Gamble

Citations

• 123 Pa. 240
• 16 A. 594
• 1889 Pa. LEXIS 648

Syllabus

<p>(a) By articles of agreement a coal plant, including shutes, tipple, sidings and cars, with the coal under a tract of land, was sold and conveyed, the privilege of mining and removing the coal to continue not longer than for a specified term, the coal then unmined to revert to the vendor:</p> <p>(b) There was no covenant to repair nor to return anything upon the premises connected with the works, but the agreement contained a clause leasing to the vendee certain miners’ houses for use while the coal was being mined, not longer than for the term specified; the vendee not to remove houses, shops or other buildings.</p> <p>1. In such case, the agreement was an absolute conveyance of the coal plant and coal which should be mined, and the vendee had the right to remove the shutes, tipple, sidings, ears and other appliances necessarily connected with the mining and transportation of the coal.</p>