In the Chancery Division: Mr. Justice Farwell last week confirmed the finding of the arbitrators in the dispute between the HollyBank Trust Co. Ltd., and A. L. Vernon. Mr. McCardle appeared for the Colliery Company, and Mr. Upjohn. K.C. for Mr. A. L. Vernon, on a special case stated by the Company for the opinion of the Court upon the finding of the arbitrators, Mr. Charles Alfred Russell and Mr. John Dixon, and Richard Alfred Pinsent, of Birmingham, in a dispute between the Company and Mr. Vernon as to the price at which coal from their colliery at Essington, Staffordshire, was to be taken for the purpose of ascertaining the amount of the lessor’s royalties. The Company contended that all the coal sold by them was coal loaded into trucks within the meaning of the lease, and that in order to ascertain the sale price of coal the Company were entitled to deduct from the actual prices charged to the purchaser, not only sums or expenses paid or incurred by them in respect of any particular consignment of coal after it had been placed in the cart or truck in which it left the Company’s premises, but also additional sums for such expenses haulage, loading and unloading, maintenance of rails, etc., within the Company’s colliery premises. …
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Referenced
GRO0738 Devonport: Richard Alfred Pinsent: 1852 – 1948