Wheeling v. Phillips
Superior Court of Pennsylvania
Appeal, No. 79, April T., 1899, by defendant, from judgment of C. P. Lawrence Co., March T., 1897, No. 27, in favor of plaintiff, for want of a sufficient affidavit of defense. Opinion by W. W. Porter, J. Motion for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 79, April T., 1899, by defendant, from judgment of C. P. Lawrence Co., March T., 1897, No. 27, in favor of plaintiff, for want of a sufficient affidavit of defense. Opinion by W. W. Porter, J. Motion for judgment for want of a sufficient affidavit of defense. Before Wallace, P. J. It appears from the record that this was an action to recover the sum of $420.45, being the annual rental of $25.00 with interest under an oil lease wherein the lessee contracted to pay the plaintiff $25.00 per annum until work is or should be commenced and thereafter certain royalty. No work was ever…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The lease in this case is dated June 22, 1885, and contains, inter alia, these provisions: “ The party of the second part covenants with the first party to commence operations for the said mining purposes within one year from the execution of this lease or thereafter pay the party of the first part twenty-five dollars per annum until work is commenced, to be paid annually, and after work is commenced it is to be prosecuted *637with due diligence until well shall be completed. . . . The failure of the party of the second part to make any one of the payments when due…
2Cases cited6 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Galey Bros. v. KellermanSupreme Court of Pennsylvania · 1889
- Bartley v. PhillipsSupreme Court of Pennsylvania · 1897
- Ogden v. Hatry, Pennsylvania Court of Common Pleas, Venango County1892
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McCausland v. WagnerSuperior Court of Pennsylvania · 2013
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
- Homet v. SingerSuperior Court of Pennsylvania · 1908
- Auto Security Co. v. CanelliSuperior Court of Pennsylvania · 1922
- Steele v. MaherSuperior Court of Pennsylvania · 1909
2 more not listed; retrieve them via the Exa API.