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BORON v. SMITH

380 Pa. 98 (1955)

Boron, Appellant, v. Smith.

Supreme Court of Pennsylvania.

January 4, 1955.

Attorney(s) appearing for the Case

Sebastian C. Pugliese, with him Walter M. Swoope, F. Cortez Bell, Sr., F. Cortez Bell, Jr., and Bell, Silberblatt & Swoope, for appellant.

Joseph S. Ammerman, with him John M. Urey, Donald R. Mikesell and Urey, Ammerman & Mikesell, for appellees.

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

OPINION BY MR. JUSTICE JONES, January 4, 1955:

The questions of law raised on this appeal are both procedural and substantive. Logically, we shall treat first with the matter of procedure. However, a recital of material facts is essential to an understanding of all of the problems presented.

Joseph M. Boron, the plaintiff, became the lessee of certain coal lands of the defendants under written lease executed on January 7, 1942, for a term of ten years. The...

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