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MORAVECZ v. HILLMAN COAL & COKE CO.

393 Pa. 289 (1958)

Moravecz v. Hillman Coal & Coke Company, Appellant.

Supreme Court of Pennsylvania.

May 26, 1958.

Attorney(s) appearing for the Case

Nathaniel A. Barbera, with him Robert M. Steffler, Simon K. Uhl, and Shaver, Heckman and Barbera, for appellant.

James Francis O'Malley, with him Frank R. Coder, Norman A. Shaulis, and Yost & Meyers, for appellees.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, May 26, 1958:

This action in assumpsit was instituted by the plaintiffs as the owners of certain surface land to recover damages for the alleged breach of a covenant by the defendant lessee of underlying coal to "drill a well and install a pump to furnish a sufficient supply of good water" to buildings of the surface owner in the event that the existing supply of water was damaged by mining operations of the lessee of the coal....

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