Smith v. South Penn Oil Co.
West Virginia Supreme Court
Error to County Court, Tyler County. Action by Albert H. Smith against the South Penn Oil Co. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
POERENBARGER, JUDGE:
Judgment for $217.50, with interest and costs, was rendered by the circuit court of Tyler county, on a demurrer to evidence, against the South Penn Oil Company, in favor of Albert H. Smith, in an action of assumpsit, for compensation for the use and occupation of real estate, and said South Penn Oil Company seeks a reversal of said judgment.
Possession of the land was taken and held under a lease executed to defendant for oil and gas purposes, containing no express covenant, binding the lessee either to drill a well or pay rent. The only covenants are to deliver in the pipe…
2Cases cited10 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Lowther Oil Co. v. Miller-Sibley Oil Co.West Virginia Supreme Court · 1903
- Steelsmith v. GartlanWest Virginia Supreme Court · 1898
- Parish Fork Oil Co. v. Bridgewater Gas Co.West Virginia Supreme Court · 1902
- Hurst v. HurstWest Virginia Supreme Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Abell v. BishopMontana Supreme Court · 1930
- Bearmar v. Dux Oil & Gas Co.Supreme Court of Oklahoma · 1917
- Holdred Collieries v. Boone County Coal Corp.West Virginia Supreme Court · 1924
- Federal Betterment Co. v. BlaesSupreme Court of Kansas · 1907
- Frymier v. Lorama RailroadWest Virginia Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.