Bartley v. Phillips
Supreme Court of Pennsylvania
Appeal, No. 112, Oct. T., 1896, by defendant, from judgment of C. P. Butler Co., June T., 1892, No. 80, on verdict for plaintiffs. Ejectment for land in Penn township covered by an oil and gas lease. Before Greer, P. J. The suit was brought jointly against the defendant, Phillips, and W. V. Hardman. The latter filed a disclaimer, and the jury was sworn as to Phillips alone.
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Appeal, No. 112, Oct. T., 1896, by defendant, from judgment of C. P. Butler Co., June T., 1892, No. 80, on verdict for plaintiffs. Ejectment for land in Penn township covered by an oil and gas lease. Before Greer, P. J. The suit was brought jointly against the defendant, Phillips, and W. V. Hardman. The latter filed a disclaimer, and the jury was sworn as to Phillips alone. At the trial it appeared that on September 8, 1888, J. A. Hartzell leased to plaintiffs seventy acres of land for oil purposes. The lease was for the term of ten years. By the terms of the contract plaintiffs were to…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
It was decided when this case was here before, 165 Pa. 325, that evidence to show the agreement between Hartzell and the plaintiffs as to what should constitute due diligence or abandonment, was admissible, not being an attempt to alter or modify the written agreement, but to define terms used therein. The effect of sueh an agreement as to parties subsequently ■acquiring title from Hartzell without notice, was not decided, ■as the evidence did not then show that any such party was before us. Now however the appellant has shown title subsequently acquired from…
2Cases cited8 opinions
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Venture Oil Co. v. FrettsSupreme Court of Pennsylvania · 1893
- Cochran v. PewSupreme Court of Pennsylvania · 1893
- Juniata Building & Loan Ass'n v. HetzelSupreme Court of Pennsylvania · 1883
- Gardom v. WoodwardSupreme Court of Kansas · 1890
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3Cited by15 opinions
- McDaniel v. Hager-Stevenson Oil Co.Montana Supreme Court · 1926
- Boatman v. AndreWyoming Supreme Court · 1932
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
- Commonwealth v. GuidaSupreme Court of Pennsylvania · 1929
- Hall v. McCleskyCourt of Appeals of Texas · 1921
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