Muhlenberg v. Henning

Citations

• 116 Pa. 138
• 9 A. 144
• 1887 Pa. LEXIS 372

Syllabus

<p>^ a £ve year ore iease) the lessees covenanted to pay 35 cents per ton for every ton of merchantable iron ore mined, and to mine at least 1500 tons annually during the term, or, in default thereof, to pay a royalty of $525 annually, and that the lease should be forfeited at the option of the lessors, if at the end of each year at least $525 as rent or royalty had not been paid. In an action of covenant to recover unpaid royalties for two years under the default rate, an affidavit of defence was filed averring that, though the defendants had operated the mines in a workmanlike and skillful manner for about nine months, yet, on account of the non-existence of sufficient ore and its inferior and unmerchantable quality, they were unable to continue: Held, that the affidavit exhibited a good defence to the action.</p>