219 Pa. 234 | Pa. | 1908
Opinion by
Robinson, the lessor, by an agreement in writing, dated December 30, 1886, leased, demised and granted to the Ocelo Coal Company the right to mine and remove ail the black and merchantable coal under a certain tract of land therein described, subject to certain reservations therein contained. The original lessee subsequently assigned the lease to the Westmoreland Goal Company, the appellee here. This controversy grows out of a dispute as to the proper interpretation of that contract. The learned counsel for appellant contend that under the terms of the lease the lessor should be paid thirty cents per 100 bushels of lump coal, or at the rate of $300 for every 100,000 bushels of coal mined and removed from the premises. It was provided in the lease “ that a rent or royalty of thirty cents per 100 bushels of lump coal, and at the rate of $300 per acre of 100,000 bushels of coal mined and removed from said demised premises,” should be paid to the lessor. If this provision of the contract stood alone, without qualification or explanation, or if the parties themselves had not interpreted their own agreement, it must be conceded there would be much force in the position taken by the appellant. It is contended for appellee that a proper interpretation of the agreement is that the parties intended to fix the amount to be paid for each and every acre of coal mined and removed from the premises at
Judgment affirmed.