63 Pa. Super. 507 | Pa. Super. Ct. | 1916
Opinion by
The plaintiffs were given “the option to lease on or before April 1,1912, all the coal underlying the land of the defendants containing eighty-four acres” at twenty-three cents per ton royalty. The last clause of the written agreement furnishes the subject of the contention between the parties. It reads as follows: “In consideration of all the foregoing the parties of the second part agree to bore and thoroughly test the said property within six months from the date hereof, and within one year erect a breaker or building for the preparation of coal for market, and, if said lessees take advantage of this option, they agree to pay a minimum rental or royalty of not less than five hundred ($500.00) dollars a year in monthly installments of $41.66, payable on the first day of each month.”
The plaintiffs made the test required by the contract, but defendants refused to execute the lease and plaintiffs brought suit for damages for the breach of contract. That matter was submitted to the jury by the court and was decided in plaintiffs’ favor.
The only other matter which it is claimed prevents recovery is that the plaintiffs did not erect the breaker referred to in the agreement. They demanded a lease from the defendant before the expiration of the year.
The only remaining question that is raised is that of damages. The defendants had in the opinion of the jury as shown by their verdict, no legal reason for refusing to carry out their contract. Having arbitrarily and without reasonable excuse refused to comply with their bargain, the plaintiffs are entitled to compensatory damages for the loss of their bargain: Bartram v. Hering, 18 Pa. Superior Ct. 395. There was sufficient in the case to show that the defendants acted in bad faith. The question of bad faith was not elaborated on by the court in his charge, but neither side asked for fuller instructions. It was referred to in the third point submitted by the defendants and the point was affirmed. We may presume that the point embraced all that was desired by the defendants in this respect.
Assignments of error are overruled. Judgment affirmed.