A lease for a term of twenty-one years of a seam of coal provided that the lessees should, as soon as they commenced working the coal, pay a yearly rent of pounds 100 per acre of coal, and until then a yearly rent of pounds 5. They undertook that they would ‘at all times during the said term hereby appointed fairly, duly, and honestly win, work, recover, obtain, and get the whole of the said mine . . or seam . . in a proper and workmanlike manner.’ It ultimately turned out to be impossible to work the coal except at a loss, and the lessees declined to do so.
Held that on a true construction of the lease they were bound to work the coal (the words ‘fairly, duly, and honestly’ adding to rather than detracting from their obligation), and that accordingly they were liable to the lessors in damages for breach of contract.
Judges:
Lord Chancellor (Halsbury), Lords Robertson and Lindley
Citations:
[1905] UKHL 569, 43 SLR 569
Links:
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 26 April 2022; Ref: scu.621193