Opinion
April 30, 1959.
May 28, 1959.
Leases — Coal leases — Terms — Provision for mining all coal except coal for pillars — Abandonment of lease — Provision for penalty — Construction.
Where a coal lease required the lessee to mine all coal "except the coal that may be left for pillars" and further provided that lessee could "at any time during the said term forfeit and abandon" the lease upon payment of the sum of $13,000 in addition to all sums theretofore paid and of all rents and royalties then accrued; and it appeared that lessee and his successors had removed all minable coal except the pillars and with the consent of the lessor had removed part of the pillars, and had then notified the lessor that it would surrender the lease on a certain date; and it further appeared that the lessees had paid an amount largely in excess of the total amount due as royalties for all coal including pillars, it was Held, in the circumstances, that the lessee was not required to pay the additional sum of $13,000.
Before BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.
Appeal, No. 98, Jan. T., 1959, from judgment of Court of Common Pleas of Luzerne County, Oct. T., 1955, No. 208, in case of Robert M. Shoemaker, administrator of estate of Robert Shoemaker, deceased v. Lehigh Valley Coal Company. Judgment affirmed.
Same case in court below: 16 Pa. D. C.2d 770.
Assumpsit on case stated.
Decision filed granting judgment for defendant, and judgment entered, opinion by PINOLA, J. Plaintiff appealed.
Mitchell Jenkins, with him Charles H. Miner, Jr., for appellant.
James P. Harris, with him Jonathan C. Valentine, for appellee.
Judgment affirmed on the opinion of Judge FRANK L. PINOLA, 16 Pa. D. C.2d 770.