Tustin v. Philadelphia & Reading Coal & Iron Co.

Citations

• 250 Pa. 425
• 95 A. 595
• 1915 Pa. LEXIS 965

Syllabus

<p>Mines and mining — Contracts—Leases—Construction—Bent— Accord and satisfaction — Estoppel.</p> <p>1. An interpretation will not be given to one part of a contract which will annul another part of it or produce absurd results.</p> <p>2. When the terms of a contract are doubtful or capable of two different interpretations, the meaning put on the instrument by the parties themselves may be shown and will be enforced by the courts; but where the contract is not ambiguous or uncertain in its terms and the intention of the parties is not doubtful, the construction acted upon by the parties is not controlling and will not he enforced.</p> <p>3. In the lease of a mining property, the lessees covenanted: (1) “to pay to the party of the first part, as rent for the demised premises,” a graduated rent, according to the size and character of the coal “mined and carried away or shipped from the demised premises” during the years from 1884 to 1890, then increasing certain amounts each year to the end of the term; (2) “to pay a rent or right of way of five cents per ton on all coal mined from other adjoining lands and carried through the said demised premises, during said lease, to be paid monthly, at the same time and in the same manner as hereinafter provided for the payment of rents on coal mined from the demised premises”; (3) “to pay the rents in cash at the office of the party of the first part......on the 15th day of each and every month during the term hereby created, for all coal mined and shipped from the demised premises during the preceding month,” and, finally, “to mine and ship from the demised premises” after January 1, 1888, at least 8,333 tons every month, ending with the last day of each month until January 1, 1890,...... “and if in any one month as aforesaid it shall not have mined and shipped, from the said demised premises at least 8,333 tons of coal, then to pay to the party of the first part on the 15th day of the next succeeding month, in cash, as a liqui