West Virginia Supreme Court March 17, 1908 (McMullen v. Blecker)

Millee, Judge:

Ira Kettle, October 8, 1894, made to Samuel Green and others a lease of all the coal under ■ his lands in Randolph county on which he resided, found on survey to contain 39 acres, in consideration of a royalty of five cents per ton; and it was mutually agreed therein that, in event that they failed to mine as much as 20,000 tons annually, the lessees should *89pay the lessor $100