MORAN v. KENNEDY

No. 318 Civil 1982.

36 Pa. D. & C. 3d 284 (1984)

Moran v. Kennedy

Common Pleas Court of Somerset County, Pennsylvania.

January 10, 1984.


Attorney(s) appearing for the Case

Jon A. Barkman, for plaintiff.

Alexander Ogle, for defendant.


COFFROTH, P.J., January 10, 1984.

Defendants have filed preliminary objections to plaintiff's complaint raising several issues, but all have been withdrawn except the demurrer which asserts that even if all averments in the complaint are true, plaintiff as a matter of law has no valid case against defendants and cannot recover.

The issue boils down to this: where a coal mining lease provides for an advance down payment of a lump-sum royalty of $25,000...

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