Iams v. Carnegie Natural Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 83, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1897, No. 196, on verdict for plaintiffs. Assumpsit to recover rental for gas reserved in an oil and gas lease. Before Kennedy, P. J. The material portions of the lease and the facts of the case are set forth in the opinion of the Supreme Court.
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Appeal, No. 83, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1897, No. 196, on verdict for plaintiffs. Assumpsit to recover rental for gas reserved in an oil and gas lease. Before Kennedy, P. J. The material portions of the lease and the facts of the case are set forth in the opinion of the Supreme Court. Defendant’s points and the answers thereto were as follows: 1. The evidence in» this case being that the gas from neither of the wells on the premises has been sold, or marketed, or used within the signification of the lease, there can be no recovery in…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
We are of one mind that this case ought to have been submitted to the jury, and not having been misled by improper instructions we cannot interfere with their finding. The plain*74tiffs leased certain lands belonging to them in Greene county to Timothy Ross “for the purpose and with the exclusive right of drilling and operating for petroleum and gas,” the terms to be for two years or for such time as oil or gas should be found in paying quantities on the premises. Shortly after the execution of this lease Ross assigned the gas privilege to appellant, the terms of his…
2Cases cited1 opinion
- Glasgow v. Chartiers Oil Co.Supreme Court of Pennsylvania · 1892
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- Daughetee v. Ohio Oil Co.Appellate Court of Illinois · 1909
- Kropa v. Cabot Oil & Gas Corp.District Court, M.D. Pennsylvania · 2009
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