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GLOECKNER v. BALDWIN TWP. SCH. DIST.

405 Pa. 197 (1961)

Gloeckner, Appellant, v. Baldwin Township School District.

Supreme Court of Pennsylvania.

November 14, 1961.

Attorney(s) appearing for the Case

Guy L. Warman, with him John A. Metz, Jr., and Metz, Cook, Hanna & Kelly, for appellant.

Edward R. Lawrence, with him Paul, Lawrence and Rock, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.

OPINION BY MR. JUSTICE MUSMANNO, November 14, 1961:

On December 30, 1943, Paul Ciaffoni, a tenant in common with Pete Ciaffoni of a certain 170-acre tract of land in Baldwin Township, leased in writing the "President or River Vein of coal" in the property to Salvatore Falingallo, the lease providing that the lessee was to initially pay $500 and then 15 cents per ton for each ton of coal taken out, by strip or shaft mining, the royalties to apply to the $500. The lessee...

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