Dikeman v. Sunday Creek Coal Co.

• Decision Date: 19 February 1900
• Citation: 56 N.E. 864,184 Ill. 546
• Parties: DIKEMAN et al. v. SUNDAY CREEK COAL CO.
• Court: Illinois Supreme Court

184 Ill. 546

56 N.E. 864

DIKEMAN et al.

v.SUNDAY CREEK COAL CO.¹

Supreme Court of Illinois.

Feb. 19, 1900.

Appeal from appellate court, Third district

Bill by the Sunday Creek Coal Company against Ambrose Dikeman and others to enjoin the prosecution of an action of forcible detainer by defendants to obtain possession of a mine, and to compel specific performance of a contract by defendants to extend a lease of the mine. From a judgment of the appellate court (84 Ill. App. 379) in plaintiff's favor, defendants appeal. Reversed.

Chiperfield, Grant & Chiperfield, for appellants.

E. S. Cummings and Kinsey Thomas, for appellee.

CARTWRIGHT, J.

On June 16, 1888, a lease was executed by S. E. Dikeman, lessor, and J. M. Walter and J. F. McVean, lessees, of the right to remove coal from certain lands in Fulton county for a term of 10 years, in consideration whereof said lessees agreed to pay a certain sum per ton for lump coal, and $10 for the use of certain surface land, and to conduct the mining operations in good and workmanlike manner, and leave pillars for the proper support of the mine. The lease contained the following provision: ‘It being further agreed that the terms of this lease may be extended an additional ten (10) years, at the option of the said second parties, by giving said first parties notice in writing twenty (20) days previous to the expiration of the first term herein named.’ This lease came by various transfers and assignments to the Sunday Creek Coal Company, appellee. S. E. Dikeman died testate, devising a life estate in the property to his widow, Susan Dikeman, for life, with remainder to Ambrose Dikeman and Flora Green. The widow, Susan Dikeman, and Ambrose Dikeman, were appointed executors, and said parties are appellants. The mine was being operated under the lease, and it was in the charge of J. B. Cavanaugh, agent of appellee in Chicago, who was instructed by the officers of appellee to extend the lease. He made a note on his office diary, over the date of May 28, 1898, to write a letter of that date renewing the lease. He was called away on May 24th, and expected to be gone a day or two, but was detained in the locations of a dock and storage plant at Waukegan, and did not return until June 2d. Upon his return he wrote a letter, dating it back to May 28th, giving notice of a renewal of the lease, and mailed it to the estate of S. E. Dikeman, care of Ambrose Dikeman, at Farmington, Ill. The notice was received by Ambrose Dikeman on June 3d, and he acknowledged its receipt, but stated that it was not according to the lease. On July 2d appellants demanded possession of the premises, and afterwards commenced a suit in forcible detainer for such possession. Appellants recovered before the justice, and appellee appealed to the circuit court, and thereupon filed the bill in this case to enjoin the prosecution of the suit, and to enforce a specific performance of the agreement for an extension. The bill alleged that the complainant, in reliance upon its right to have the lease extended, had invested large capital, and made contracts to sell and deliver coal. It stated the circumstances with regard to the renewal, and prayed that the lease might be declared to be extended for an additional term of 10 years. The defendants answered, denying that improvements were made on the strength of the lease, alleging that complainant is a large corporation, operating many mines, of which this is one of the smallest, and that it has ample resources for filling all orders, and averring that the operation of the mine had been improper and negligent, so as to cause the surface of a large portion of the lands to sink, and to destroy their...