REIS v. NORTON COAL CORPORATION


346 S.W.2d 8 (1961)

C. A. REIS et al., Appellants, v. NORTON COAL CORPORATION, Appellee.

Court of Appeals of Kentucky.

April 28, 1961.


Attorney(s) appearing for the Case

Thomas E. Sandidge and James S. Sandidge, Owensboro, W. D. Bratcher, Greenville, for appellants.

Stites, Wood, Helm & Peabody, Louisville, Moore & Morrow, Madisonville, for appellee.


CULLEN, Commissioner.

The circuit court entered judgment dismissing the complaint of the lessor under a coal lease seeking cancellation of the lease on the ground of abandonment. The lessor has appealed.

The lease, executed in 1946, provided for a 30-year term, with options for renewals for additional 10-year periods. It contained provisions for minimum royalties in varying amounts for the first five years, during which extensive reconditioning and equipping...

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