Skillen v. Logan

Citations

• 21 Pa. Super. 106
• 1902 Pa. Super. LEXIS 316

Syllabus

<p>Lease — Royalties—Covenant.</p> <p>Where a lease contains an absolute and unqualified covenant to operate a quarry as it existed at the time the lease was executed, and a provision for a minimum annual royalty if the quarry should not be operated, and also a provision that the lessee should have the right to construct another switch on the leased premises, the defendant cannot in a suit for royalty defend on the ground that a railroad company refused to put in a new switch until a contract which it had with the lessor should be canceled in so far as its application to a new switch was concerned. In such a case where the evidence shows that the quarry had been operated at a profit immediately prior to the lease, the question whether the plaintiff wilfully refused to fulfill his covenant was purely a question of fact for the jury.</p> <p>Where parties contract for a thing to be done and the damages for not doing it, it is never open to the covenantor to say that the thing he obligated himself to'do would not be as profitable to him as he expected it would be when he made his contract.</p>