HEROD v. LUXNER


375 Pa. 573 (1954)

Herod, Appellant, v. Luxner.

Supreme Court of Pennsylvania.

January 4, 1954.


Attorney(s) appearing for the Case

Hugh G. Montgomery, with him Thompson & Baily, W. Robert Thompson, J.B.F. Rinehart and Montgomery & Montgomery, for appellants.

John I. Hook, Jr., with him Scott & Hook, for appellee.

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


OPINION BY MR. JUSTICE JONES, January 4, 1954:

This appeal is from an order awarding a new trial in an action of assumpsit. The plaintiffs, as the lessors in a written lease for the strip-mining of a certain vein of coal underlying two tracts of land in Greene County, sued to recover royalties allegedly owing by the lessee under the terms of the lease.

The question of law which the appellants raise depends for its answer on the construction to be placed upon...

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