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RINEHIMER v. LEH. & WILKES-B. C. CO.

416 Pa. 216 (1965)

Rinehimer, Appellant, v. Lehigh and Wilkes Barre Coal Company.

Supreme Court of Pennsylvania.

January 5, 1965.

Attorney(s) appearing for the Case

Joseph E. Gallagher, with him Andrew Hourigan, Jr., George Loveland, and O'Malley, Morgan, Bour & Gallagher, and Hourigan, Kluger & Spohrer, for appellants.

Henry Thalenfeld, with him Joseph L. Reynolds, III, and Franklin B. Gelder, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION PER CURIAM, January 5, 1965:

This was an action of assumpsit by the lessor, under a coal lease, to recover, by assumed provisions of the lease, minimum annual royalties and damages for failure by the lessee to deliver house coal. The lessor contended that the obligation of the lessee under the lease to pay an $8,000 minimum annual royalty and to deliver 50 tons of house coal annually was to continue for a period of 99 years from the date of the execution of...

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