WINDBER CONST. CO., INC. v. COLEMAN


185 Pa.Super. 649 (1958)

Windber Construction Company, Inc. v. Coleman, Appellant.

Superior Court of Pennsylvania.

March 18, 1958.


Attorney(s) appearing for the Case

Leland W. Walker, with him Walker and Kimmel, for appellant.

Taylor B. Coffroth, for appellee.

Before RHODES, P.J., WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (HIRT and GUNTHER, JJ., absent).


OPINION BY WATKINS, J., March 18, 1958:

This is an appeal from the refusal of the court below to open a judgment entered by confession for minimum royalty under the terms of a coal mining lease.

The lease in question was not expertly drawn but was reduced to writing by the appellee and executed by both parties on December 3, 1954. It described the vein, subject to the agreement, and provided for a royalty of 50¢ per ton for coal removed and for a minimum...

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