¶1dissents. I can not agree with the construction placed upon the contract of leasing by the majority of the court. By the construction placed upon the lease of the coal lands by the court, I think the manifest purpose and plainly expressed object of the lease is defeated. In the face of the expressed language, that the lessee shall mine and pay for coal on certain days at a certain rate, he is relieved from mining coal at all, except as his convenience at some future time may permit. Instead of sinking a shaft on appellant’s land, as is clearly contemplated by the lease, appellee disclaims any purpose to do so at any time within the life of the lease, but claims the right to mine coal through a tunnel and shaft under other lands, and alter the coal under other lands has been mined. The mere argument of convenience is set up as a bar to the plain requirements of this lease. I know of no rule of law that will justify that construction to defeat the plainly expressed covenant of this lease. I think the judgment ought to be reversed.
32 Ill. App. 558
King v. Edwards
Decided December 16, 1889
Appellate Court of Illinois · decided 1889-12-16
F. M. Shaw, Judge, presiding. This suit was brought by the appellant before a justice of the peace to recover possession of a hundred and sixty acres of coal land leased to appellees by appellant November 11, 1887. The Edwards Coal Co. became the assignee of the lease and is party defendant in the suit. After trial before the justice the suit was appealed to the Circuit Court.
Decided 1889-12-16