184 Iowa 397 | Iowa | 1918
The plaintiff is the owner of a farm in Polk County. In October, 1903, she executed to the defendant’s assignors a mining lease, whereby she granted the right to the lessee to mine all the coal underlying said lands. By its terms the lease was to run for 20 years from date, “unless all the. coal shall be sooner removed.” She was to receive a royalty of 10 cents per ton, payable monthly, for all coal mined during the preceding month. It was further provided therein that the lessee should “pay a minimum royalty of $1,000 for each year during the continuance of the lease, payable semi-annually on the first day of March and first of September each year, excepting for the last year.” It was also provided that this minimum of $1,000 should be • paid whether sufficient coal was mined to produce the sum
For the purpose of our consideration, we shall assume without deciding, that the expression “all coal,” as it appears in the lease, is the equivalent of “all minable coal.” We shall assume, also, that, by the express terms of the lease, either party could terminate the same when all the minable coal had been taken from these lands. It was the undoubted intent of the lease that the coal should be removed by the lessee with diligence, and within the shortest practicable time. The plaintiff would thereby receive royalties on all the minable coal included in the lease. Manifestly, in the process of the removal, there would come a time when it would be a question of more or less uncertainty as to whether all the minable coal was removed, and, perhaps, whether there were other beds of coal underlying
In Saylor Park Land Co. v. Glenwood Goal Co., 179 Iowa 919, we held, in effect, that, until the lessee in some manner surrendered its lease and its claim of right thereunder, it continued to be bound by its obligation. Some
We reach the conclusion 'that it was incumbent upon the defendant, not only to show that it had a right to terminate the term of the lease, but also that it did terminate the same by some form of surrender and by some manner of notice to the lessor.
On this ground, the judgment below is — Affirmed.