Steele v. Maher

Citations

• 38 Pa. Super. 183
• 1909 Pa. Super. LEXIS 110

Syllabus

<p>Mines and mining — Coal lease — Minimum royalty — Exhaustion of coal —Forfeiture.</p> <p>1. Where an instrument in writing called a coal lease grants, conveys, demises and leases coal for a fixed term of years, provides for certain mining rights, a certain royalty per ton, a certain minimum money royalty per year, and forfeiture if the minimum royalty is not paid, and both parties have full knowledge of the existence of coal in the tract leased, and the lessee has not been deceived or misled by the lessor as to the existence of the coal or its quantity, the lessee will not be relieved from the payment of minimum royalty for the unexpired term after the coal has been virtually exhausted, and mining operations have ceased.</p> <p>2. While parties may contract that on a default the lease may become void at the option of either party, yet such intent in the agreement must be so plain as to be unavoidable in order to sustain such a construction.</p> <p>3. A clause in a lease that it shall be null and void on failure of the lessee to pay rent or keep other covenants, is not self-operating so as to make the lease void ipso facto by the default, but being a provision for the benefit of the lessor may be enforced or waived at his option.</p> <p>4. Where there has been a default by the lessee mere silence or inaction on the part of the lessor will not render the lease void. He may, on default made, demand and compel the payments. By doing so he elects to continue the lease.</p>