PER CURIAM.

Delivery of the coal in these cases had not taken place, and all the terms of the contract of sale had not been performed. No title to the coal passed which could be enforced in replevin by the purchasers. The remedy in breach of the contract of sale was in a different action.

Judgment affirmed in each case.

1. Weighing, marking and setting aside goods are evidences of delivery, but not essential to it: Winslow v. Leonard, 24 Pa. St. 14.

2. Delivery to one partner is delivery to all: Kenney v. Altvater, 77 Pa. St. 34.

3. Party ready to deliver must notify the party ready to receive: Cullum v. Wagstaff, 2 M. R. 573.

4. Liability of common carrier continues until delivery, or property deposited or stored: Rice v. Boston Corporation, 2 M. R. 419.

THE DEXTER LIME ROCK COMPANY V. CHRISTOPHER C. DEXTER ET AL.

(6 Rhode Island, 353. Supreme Court, 1859.)

'Meaning of "Ledge" as used in charter, construed with context deeds and collateral evidence. Certain proprietors, unable to work their lime-rock as tenants in common to their satisfaction, became incorporate by special legislative charter, which divided their interests into 352 shares in the nature of stock. The contention arose as to the limits of, or as to what was included in the term, "Dexter Ledge of I me Rock" used in the said charter. The company contended that it included all the lime-rock on the farms of the incorporators; defendants insisted that it was confined to the great ledge or hill: Held,

1. That if the term "Dexter Ledge of Lime Rock" had acquired a settled meaning as including certain rock of definite extent such lime-rock only was intended, parol evidence being allowed to show such meaning.

2. That construed with relation to the testimony and the context, it included not only the great ledge, or hill, but what went sometimes by the name of the Hacklestone Ledge-but that it did not include the whole limestone formation on the lands referred to.

3. The meaning is to be got from the circumstances attending the transaction, and the intent of the parties, rather than from a strict geological interpretation of the words used; the intent to cover the whole stratum is negatived by the use of specific terms of boundary. 2 Signification of "Ledge." The term "ledge" discussed with reference to "hill or elevation," "layer or stratum and "rock in place." Loose rock reserved. When the words of grant carry only rock in place the exception of the loose rock is simply inoperative. Statements of one, do not bind other, co-tenants. The representation of one tenant in common as to the extent of the subject of the grant of himself and his co-tenants, can not amount to an estoppel against his co-tenants; nor against himself unless acted upon by the purchaser.

Bill in equity to enjoin the defendants from quarrying limestone upon their farm in Smithfield, commonly known as the Christopher Dexter farm, and for an account of the lime-stone already by them quarried there; the bill claiming that the complainants are the exclusive owners of the Dexter Ledge of Lime Rock, so-called, extending under said farm. In 1761, John Dexter owned a large tract of land in Smithfield,

1 Stevens v. Williams, 1 M. R. 566.

2 Stevens v. Gill, 1 M. R. 576.

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containing a stratum of lime-stone, and in that year divided it into two farms, one of which being the westerly part of said tract, he conveyed to his son Jonathan, and the other to his son William; each having, by the terms of the deeds, the free liberty to dig lime-stone for burning lime in the land of the other. In 1804, the farm of William had passed by several mesne conveyances, embracing more or less of the right to dig lime-rock in both farms, to Christopher Dexter, and on the 31st day of March of that year Jonathan conveyed to Christopher "the full one half of all the great ledge or hil of lime-rock situate in Smithfield aforesaid, on my homestead farm, and a little southerly from my dwelling-house, which I have or ought to have, together with one half of all the ledge of lime-rock, lying easterly from said dwelling-house and northerly from the driftway leading from said great ledge to the limekilns * * always excepting and reserving to myself, my heirs and assigns forever, all the scattering lime-rock which is or may be found on my homestead farm; and further, it is the meaning and understanding of this deed, that neither the grantor nor grantee aforesaid shall sell or dispose of any of the said ledges of lime-rock without the consent or agreement of each other." On the same day Christopher conveyed to Jonathan "the full one half of all the great ledge or hill of limerock situate in Smithfield aforesaid, on the homestead farm of the grantee, and a little southerly from said grantee's dwellinghouse, which I have, or ought to have, together with one half of all the ledge of lime-rock lying easterly from said dwelling-house and northerly from the drift-way leading from said ledge to the lime-kilns. * always excepting and reserving to myself, my heirs and assigns forever, all the scattering lime-rock which is or may be found on my said homestead farm, and furthermore, it is the meaning and understanding of this deed, that neither the grantor nor grantee aforesaid shall sell or dispose of any of the said ledges of lime-rock without the consent or agreement of each other."

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In 1854 the Jonathan Dexter farm had become vested in George L. Barnes, as trustee, under the will of John Dexter, and in Francis G. M. Dexter, a minor, whose guardian was Israel Sayles; and the Christopher Dexter farm had become vested in Christopher W. Kelly, as assignee of Christopher

C. Dexter and Amey Dexter, under a voluntary assignment for the benefit of their creditors, and in that year, upon their petition, the following act of incorporation was passed by the General Assembly:

An Act to incorporate the Dexter Lime Rock Company.

Whereas, George L. Barnes, trustee, under the last will and testament of John Dexter, late of Smithfield in the county of Providence, deceased, Israel Sayles, guardian of the person and estate of Francis M. G. Dexter, Christopher C. Dexter and Amey Dexter, and Christopher W. Kelly, assignee of said Christopher C. Dexter and Amey Dexter, all of said Smithfield, have represented to this Assembly that they are proprietors in their individual and official capacities as aforesaid, of certain lime-rock in the following proportions, viz.: The said George L. Barnes as trustee, one quarter; the said Israel Sayles, as guardian as aforesaid, one quarter; and the said Christopher C. Dexter and Amey Dexter, and Christopher W. Kelly as assignee as aforesaid, one half, comprising in the whole, all the Dexter Ledge of Lime Rock, so called, situate in said Smithfield, and whereas they have represented to this Assembly that, owing to the various interests therein, the business of working quarries and of defining and appropriating to each proprietor his just and equal share is attended with difficulties which can be removed by legislative action, and have prayed the General Assembly to pass an act accordingly: Therefore,

It is enacted by the General Assembly as follows:

SEC. 1. The aforesaid proprietors are hereby formed into a company, by the name of the "Dexter Lime Rock Company," and by that name shall be known in the law, sue and be sued, defend and be defended against before all courts and in all places, and shall have power to appoint all necessary agents and officers, and to enact and pass all such rules, regulations and by-laws as they may deem expedient for effecting the object and purposes of said company and the business thereof, provided the same are not repugnant to the laws of this State or the United States.

SEC. 2. The property in said lime-rock and the proceeds thereof shall forever be holden in three hundred and

fifty-two shares, each proprietor shall have as many votes as he has shares, and no person owning less than one share shall be entitled to a vote.

SEC. 3. The right and interest in said lime-rock may be disposed of by will, deed, or may pass by descent, and every future proprietor shall be a member of said company so long as he or she shall hold his or her right and interest in said lime-rock, and such proprietor, and also his or her right and interest, shall at all times and in all respects be subject to the provisions of this act and to the rules, regulations and by-laws of said company, made pursuant thereto.

SEC. 4. No present or future proprietor shall ever here. after, by himself, his agents, servants or lessees, dig, take, burn, or in any way whatever work or dispose of any of said lime-rock, or in any manner whatever interfere with the dig ging, taking, burning, working, or disposing of the same, but the said lime-rock and the proceeds thereof, shall forever hereafter be holden, considered and managed as company proferty, and shall at all times be dug, taken, burned, worked and disposed of, and managed in all respects by the said company, and under their authority, pursuant to such rules, regulations and by-laws as said company shall enact and pass by two thirds of the votes of the proprietors.

SEC. 5. Said company shall keep fair and particular accounts of all the lime-rock that shall be dug, taken, burned or disposed of by them, and under their authority, and of the proceeds thereof, and of all the expenses attending the same, and shall once in every year, and oftener if thereto required by two thirds of the votes of the proprietors, make a dividend and distribution of the profits of the business among the said proprietors, in proportion to their right and interest therein, and said, accounts shall at all times be open to the examination of the members of said company.

SEC. 6. All executions that shall issue against said company shall be levied on said lime-rock or on any other property, whether real or personal, belonging to said company. Sections 7, 8 and 9 are not material to the case.

The Dexter Lime Rock Company being thus formed, 176 shares, out of the 352 shares into which its property was divided were by agreement set off to Christopher C. Kelly.