EVANS, Circuit Judge (after stating the facts as above).
It is upon the terms of the instrument (by appellees called a lease) and their construction by the court that this appeal turns.
Appellants contend that the instrument was one for the sale of minable coal, to be paid for when mined, with a further provision that at least 1,000 tons of coal should be mined per day, and if not royalties on such amount would be payable.
Appellees, on the other hand...
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