Titus v. Poland Coal Co.

Citations

• 263 Pa. 24
• 106 A. 90
• 1919 Pa. LEXIS 370

Syllabus

<p>Mines and mining — Mining rights — Deed—Agreement of sale— Vendor and vendee — Option on coal.</p> <p>Where an owner of 167 acres of coal gives to another the option to purchase the same, and in the option there are enumerated certain mining rights and privileges, and subsequently, in pursuance of a parol modification of the option, the owner executes a deed for only 150 acres of the coal to the grantee with the same mining rights and privileges in the deed as were stated in the option, the grantee or his successor in the title, cannot claim, in the absence of fraud, accident or mistake, to exercise the mining rights and privileges mentioned in the option and deed, within the limits of the fifteen acres which were excluded from the deed.</p>