Sanders v. Sharp
Supreme Court of Pennsylvania
Appeal, No. 321, Oet. T., 1892, by defendant, M. Sharp, from judgment of C. P. Washington Go., Nov. T., 1891, No. 26, for plaintiff, Stephen Sanders, for want of a sufficient affidavit of defence. Assumpsit for rent on oil lease. Rule for judgment for want of sufficient affidavit of defence.
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Appeal, No. 321, Oet. T., 1892, by defendant, M. Sharp, from judgment of C. P. Washington Go., Nov. T., 1891, No. 26, for plaintiff, Stephen Sanders, for want of a sufficient affidavit of defence. Assumpsit for rent on oil lease. Rule for judgment for want of sufficient affidavit of defence. The affidavit of defence was in part as follows: “ 3. A short time prior to the date of said lease this deponent, A. M. Brown, Isaac Sharp, Isaac Lehman, James P. Sayers, A. B. Caldwell and John Waterhouse agreed to become associated with each other and with other persons that might become associated with…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
It is not seriously contended that any error was committed in the construction of the lease as it is written, or in the application to the forfeiture clause of the principle settled in Wills v. The Manufacturer’s Natural Gas Co., 130 Pa. 222; nor can it be successfully maintained that the mere assignment of such lease by the appellant to the Ten Mile Oil & Gas Company discharged him from liability on his covenants therein: Frank *568v. Maguire, 42 Pa. 82; Washington Natural Gas Co. v. Johnson, 123 Pa. 576. But it is claimed that certain matters are stated in the…
2Cases cited3 opinions
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Frank v. MaguireSupreme Court of Pennsylvania · 1862
3Cited by5 opinions
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