BRIDGEVIEW COAL CO. v. BURCHINAL


201 Pa.Super. 602 (1963)

Bridgeview Coal Company, Appellant, v. Burchinal.

Superior Court of Pennsylvania.

September 12, 1963.


Attorney(s) appearing for the Case

Charles R. Spurgeon, with him Frank R. Crow, Jr., and Spurgeon & Spurgeon, and Parshall & Crow, for appellant.

Ben F. Wright, with him Lee M. Smith, for appellees.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY WATKINS, J., September 12, 1963:

In this appeal from a declaratory judgment, entered by the Court of Common Pleas of Fayette County, in favor of the Burchinal Coal Company, defendant-appellee, and against the plaintiff-appellant, Bridge-view Coal Company, the court below held that an alleged deed of an interest in land amounted only to a contractual right to strip the coal vein.

The facts are stipulated by the parties and may be summarized as follows...

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