Zillic v. Minnich

Decided July 13, 1917

Superior Court of Pennsylvania · decided 1917-07-13

Appeal, No. 59, March T., 1917, by plaintiffs, from judgment of C. P. Luzerne Co., June T., 1910, No. 37, on verdict for defendant in case of John Zillic et al. v. Edward Minnich et al. Assumpsit to recover a share of royalties on coal. Before Strauss, J. Prom the record it appeared that plaintiffs claimed to recover twenty per cent, of the royalties received by defendant from certain coal lands. The claim was based upon a written agreement under seal.

Affirmed · Decided 1917-07-13

Per Curiam,

¶1There are two disputed questions of fact in this case which must necessarily be submitted to a jury.

¶2On the trial in the court below every phase of the controversy was presented, the plaintiff and defendant submitting special requests for instructions, and each urging that the verdict should be in favor of their respective contentions. The charge of the court was fair and adequate, and the disputed questions were clearly submitted to the jury.

¶3We discover no error in the record that would warrant a resubmission of the same facts to another jury.

¶4The judgment is affirmed.