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· 3/9/1891

Watt v. Dininny

Citations

  • 141 Pa. 22
  • 21 A. 519
  • 1891 Pa. LEXIS 1035

Syllabus

<p>(a) Plaintiffs, owners of coal land, executed a mining lease perpetual till exhaustion, the lessees to pay thirty cents per ton royalty on coal mined. Subsequently, the plaintiffs, the lessees, and the defendants, made a parol agreement by which defendants were to enter and mine coal, and to pay the plaintiffs the same royalty:</p> <p>1. The defendants, as found from the evidence, having mined coal from the lands of the plaintiffs, under the agreement made therefor with the consent of the lessees, they were liable for the royalty they had agreed to pay; and the plaintiffs were entitled to bring suit to recover the same, directly against the defendants.</p>

Judges: Clank, Gneen, McCollum, Mitchell, Paxson

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