Cochran v. Pew
Supreme Court of Pennsylvania
Appeal, No. 286, Oct. T., 1893, by defendants, J. N. Pew and E. O. Emerson, from order of O. P. No. 1, Allegheny Co., June T., 1893, No. 725, making absolute rule for judgment for want of sufficient affidavit of defence, in favor of plaintiff, Cephas Cochran. Rule for judgment for want of sufficient affidavit of defence, in assumpsit on oil lease.
Read the full summary
Appeal, No. 286, Oct. T., 1893, by defendants, J. N. Pew and E. O. Emerson, from order of O. P. No. 1, Allegheny Co., June T., 1893, No. 725, making absolute rule for judgment for want of sufficient affidavit of defence, in favor of plaintiff, Cephas Cochran. Rule for judgment for want of sufficient affidavit of defence, in assumpsit on oil lease. From the record it appeared that plaintiffs claimed to recover $200 for rent, under the lease from Feb. 1, 1892, to May 1, 1893. The material portions of the lease were as follows: “ The party of the second part covenants to commence' operations on…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The argument of the appellant, able and ingenious as it is, nevertheless is but another effort to escape from the rule laid down in the series of cases from Galey v. Kellerman, 123 Pa. 491; Wills v. Gas Co., 130 Pa. 222; Ray v. Gas Co., 138 Pa. 576; Ogden v. Hatry, 145 Pa. 640; Jones v. Gas Co., 146 Pa. 204; Phillips v. Vandergrift, 146 Pa. 357, and Leatherman v. Oliver, 151 Pa. 646, down to Liggett v. Shira, at the present term, [reported below, page 350,] that covenants for the lease to be void, or to cease and determine etc. on failure by the lessee to comply…
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
- Leatherman v. OliverSupreme Court of Pennsylvania · 1892
- Ogden v. Hatry, Pennsylvania Court of Common Pleas, Venango County1892
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hancock v. Diamond Plate Glass Co.Indiana Supreme Court · 1904
- Freeman v. LawtonSupreme Court of Pennsylvania · 1946
- Cohn v. ClarkSupreme Court of Oklahoma · 1915
- Cotherman v. Oriental Oil Co.Court of Appeals of Texas · 1925
- Lawson v. Williamson Coal & Coke Co.West Virginia Supreme Court · 1907
21 more not listed; retrieve them via the Exa API.