Ionno v. Glen-Gery Corp.
Ohio Supreme Court
443 N.E.2d 504 (1983)
- Written by Miller Jozwiak, JD
Facts
John and Lucinda Ionno (plaintiffs) owned a tract of land. Several entities (the miners) (defendants) had a lease interest in the coal and clay rights under the land. Under the terms of that lease, the miners had the right to remove the minerals. In return, the Ionnos were entitled to royalties on the mined materials or several hundred dollars a year as a minimum royalty. The minimum royalty, however, would be credited against future amounts of materials mined. The lease also stated that it would become void if the miners either failed to pay rent or failed to perform any covenants under the lease. The miners made all minimum payments but failed to engage in any mining activity. The Ionnos then sued the miners, seeking forfeiture and cancellation of the lease for nonperformance. The trial court sided with the miners, and the intermediate appellate court sided with the Ionnos. The miners appealed.
Rule of Law
Issue
Holding and Reasoning (Brown, J.)
Dissent (Locher, J.)
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