Wilson v. Beech Creek Cannel Coal Co.

Citations

• 161 Pa. 499
• 29 A. 100
• 1894 Pa. LEXIS 721

Syllabus

<p>Coal lease — Unmerchantable coal — Evidence—Burden of proof</p> <p>Under a coal lease the lessee was to mine and ship from the premises at least three thousand tons of coal annually or to “ pay for that quantity whether mined and shipped or not.” The lease also provided that should the seam of coal “ prove faulty in the strata or unmerchantable in its quality, the said lessee shall have the right to abandon the same, with the right to remove all the improvements by said lessee erected on or under said premises.” Held, in an action for the rent, that the burden of proof was on the lessee to show that the coal was unmerchantable, and that it was error to nonsuit the plaintiff because he did not prove that there was merchantable-coal in reasonable quantity.</p> <p>Under the lease a portion of the rent was to be applied to the payment of certain judgments on the land. Held, that the failure of the lessee to exercise his privilege of paying the judgments was no ground for non-suiting the plaintiff.</p>