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L.C.S. COLLIERY, INC. et al. v. MACK

447 Pa. 276 (1972)

L.C.S. Colliery, Inc. et al., Appellants, v. Mack.

Supreme Court of Pennsylvania.

April 20, 1972.

Attorney(s) appearing for the Case

S.R. DiFrancesco, Sr., with him Edward T. Stibich, DiFrancesco & DiFrancesco, and Weimer, Bennet, Jones & Stibich, for appellants.

John S. Fisher, for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE O'BRIEN, April 20, 1972:

The Crichton Coal and Coke Company was the lessee and L.C.S. Colliery, Inc., and Sixtus Campdon, appellants, were the lessors in a lease dated November 13, 1957. Under the terms of the lease, Crichton, after acknowledging certain debts owing to L.C.S. for the purchase of mining equipment and the previous mining of certain coal from the premises, agreed to pay the lessors certain royalties on a monthly basis for the coal...

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