Opinion
March 19, 1958.
April 21, 1958.
Leases — Lease of coal — Construction — Royalty payments — When due.
In this action in equity for an accounting of royalties under a coal lease, in which it appeared that the plaintiff leased to the defendants a tract of coal land under a lease which provided for the payment of a royalty of 8¢ per ton "on all coal which in the opinion of the Lessees is merchantable and minable and which they mine and ship from said premises during the continuance of this lease. The payments of royalties are to be made on or before the 25th day of each month for such coal mined and shipped during the previous month."; and the defendants subleased this land to a third person under a lease which provided for the payment of minimum royalties regardless of whether coal was actually mined; and it further appeared that the plaintiff claimed that the defendants had collected large royalties on the unmined coal in plaintiff's land and that plaintiffs were entitled to receive royalty payments in turn from the defendants, it was Held, in view of the provision in plaintiff's lease that they were to receive royalties only on coal mined and shipped from the premises, that the defendants were under no obligation to pay the plaintiffs any portion of the royalties they had received on unmined coal.
Argued March 19, 1958. Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, JONES and COHEN, JJ.
Appeal, No. 126, Jan. T., 1958, from judgment of Court of Common Pleas of Bedford County, Nov. T., 1956, No. 1, in equity, in case of John B. Harnish et ux. v. Spencer S. Shannon et al. Judgment affirmed; reargument refused May 28, 1958.
Same case in court below: 12 Pa. D. C.2d 54.
Equity.
Order entered overruling plaintiffs' motion for judgment on the pleadings; judgment on the pleadings entered for defendants; opinion by SNYDER, P. J. Plaintiffs appealed.
Carl A. Belin, with him Dan P. Arnold, Reiley Reiley, and Chaplin Arnold, for appellants.
Frank J. Gaffney, with him Thorp, Reed Armstrong, for appellees.
Judgment affirmed on the opinion of President Judge RICHARD G. SNYDER reported in 12 Pa. D. C.2d 54.