HIGGINBOTTOM v. THIELE KAOLIN CO.

39278.

251 Ga. 148 (1983)

304 S.E.2d 365

HIGGINBOTTOM et al. v. THIELE KAOLIN COMPANY.

Supreme Court of Georgia.

Rehearing Denied July 7, 1983.


Attorney(s) appearing for the Case

Stephen E. Curry, Percy J. Blount, for appellants.

Albert P. Reichert, Jr., Clarke C. Avant, for appellee.

Harry L. Cashin, Jr., William T. McKenzie, John B. Harris, Jr., William C. Harris, D. Robert Cumming, Jr., C. Christopher Hagy, Patricia B. Cunningham, Ronald T. Knight, George C. Grant, Robert M. Margeson III, amici curiae.


BELL, Justice.

This case involves the questions whether a lessee under a mineral lease has an implied duty to mine and whether the mineral leases in question are the result of inceptive fraud.

The appellants are landowners in the McDuffie County area whose properties are subject to mineral leases entered into with Thiele Kaolin Company (Thiele) in the early nineteen sixties. The leases are essentially the same, providing for an initial term of 50 years with...

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