Turner v. Lehigh Valley Coal Co.

Citations

• 34 Pa. Super. 101
• 1907 Pa. Super. LEXIS 88

Syllabus

<p>Lease — Coal lease— Consideration — Rental—Purchase money— Covenant — Mines and mining.</p> <p>Where an instrument in writing, designated by the parties as a lease, demises and leases all coal lying under a particular tract of land with the right to mine coal until all the merchantable coal has been mined out and exhausted, and the instrument provides for the payment of a minimum sum per year, and a royalty on tonnage over an amount designated, and also for the delivery by the lessee to the lessor at the chutes of a certain number of tons of coal each year, the amount of coal to be delivered at the chutes is as much a part of the consideration, whether the contract is a sale or lease, as the money payment, or the royalties. In such a case the lessee is not relieved from the annual delivery of the coal by the death of the lessor, nor is he relieved by the fact that the lessor accepted for years the minimum royalty, there being no mining operations, without making any demand for the coal contracted to be delivered at the chutes.</p>