Bentley v. Pittsburgh Consolidation Coal Co.
Bentley v. Pittsburgh Consolidation Coal Co.
Opinion of the Court
This is a companion case to Johnson v. Pittsburgh Consolidation Coal Company, Ky., 311 S.W.2d 537. The same type of writing that figured in the Johnson case is presented for construction in this case. The appeal is from a judgment quieting title to the coal in the disputed land in the appellee, Pittsburgh Consolidation Coal Company.
In addition to the grounds urged for reversal in the Johnson case, the appellants herein contend that the Broas writing is so indefinite in regard to form and manner of performance as to be void.
It is not necessary to discuss here the questions treated in the Johnson casein this case the appellants argue that the writing is void because of indefiniteness. in provisions for payment of the $2 per acre rental. They point out that it is not stated whether rental is to be paid in a lump sum or in installments as each acre is. mined. They say also that the writing fails to provide whether payment is to be made to the heirs or to the assigns of the grantor.
We do not believe the writing to be defective in this respect. The payments become due when and as each acre is mined. It is within the discretion of the parties-concerned to make independent agreements.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.