Langford v. Hughes

214 S.W.2d 1011 (1948)

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Langford v. Hughes

Kentucky Court of Appeals
214 S.W.2d 1011 (1948)

MJ

Facts

J. W. Langford (plaintiff) entered a mineral lease with Tom Hughes (defendant). The lease gave Hughes the right to remove coal from the property. The lease also stated that if Hughes committed waste or left mineable coal in the land, the lease would become void. Langford (and several experts) later claimed that the mine had been operated wastefully in various respects (e.g., insufficient ventilation, water being allowed to destroy coal, etc.). Langford also claimed that the royalties had been low. Hughes responded that the mine was operated in a condition similar to that of similarly situated mines, rebutting Langford’s evidence and allegations. Specifically, Hughes claimed that some of the issues were caused by previous litigation brought by Langford’s son. According to Hughes, that litigation caused the problems by preventing the mine from operating for a few months. Langford sued Hughes, claiming that the lease should be terminated due to Hughes’s waste to the property. Hughes counterclaimed to recover royalties that Langford had accepted and claimed that Langford was estopped from the litigation due to the son’s previous litigation that had caused the damage. The trial court sided with Hughes, and Langford appealed.

Rule of Law

Issue

Holding and Reasoning (Stanley, J.)

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