IAFOLLA v. DOUGLAS POCAHONTAS COAL CORP.

No. 14099.

250 S.E.2d 128 (1978)

Alzina IAFOLLA, etc., et al. v. DOUGLAS POCAHONTAS COAL CORPORATION.

Supreme Court of Appeals of West Virginia.

Rehearing Denied January 18, 1979.


Attorney(s) appearing for the Case

Lewis, Ciccarello, Masinter & Friedberg, Martin J. Glasser, Charleston, for appellant.

Richard E. Hardison, Camper & Watson, Welch, for appellees.


NEELY, Justice:

The primary question presented by this case is whether the lessors of mineral rights under a lease which provides that the lessee shall either exploit the minerals or pay a minimum rental in lieu of such exploitation may cancel the lease for failure by the lessee to exploit the minerals. We hold that where the parties have agreed to a lease in which the lessee has the option of either paying a minimum rental...

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