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Kulp's Luzerne Legal Register Reports (Volume 10)

Kulp's Luzerne Legal Register Reports (Volume 10)


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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Court of Common picas of Cujcrnt Countn. Hoyt et al. v. Kingston Coal Company. 1. In interpreting the meaning of the words all the coal used in a mining lease, recourse may be had to the time when, and the circumstances under which, the contract was made, with a view of ascertaining what the parties meant by the language in question. 2. Where a mining lease provided for a royally of fifteen cents per ton for all coal passing over a five-eighths of an inch mesh, without any further provision for royalty, and the right of removal and sale of coal by the lessee was also restricted to coal of that size, the lessee must account for all coal of smaller sizes shipped from the premises and sold in the market, and pay royalty therefor. 3. Lessees are not bound to account for coal used under the boilers in the mining of the coal and consumed upon the demised premises. Bill for injunction and account. The opinion of the court was delivered March 29, 1900, by Woodward, P. J.?The bill, in substance, avers that John D. Hoyt and others, whose rights are now vested in the plaintiffs, by coal lease dated April 10, 1867, demised, leased and to mine let, to Thomas Beaver and David Morgan, whose rights and liabilities in 1883 attached to the present defendants, the coal in, under and upon certain lands described in the lease, situate in Kingston township, Luzerne county, Pennsylvania. The bill alleges that the right granted by said lease was only to remove coal which would pass over a screen having meshes five-eighths of an inch square; that the defendants, since September, 1883, has mined and removed from said land a large quantity of coal which passed through such a screen without any payment of royalty or account therefor; that the methods and machinery employed by def...


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Product Details
  • ISBN-13: 9780217229845
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 236
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 0217229840
  • Publisher Date: 07 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 426 gr


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