Federal Oil Co. v. Western Oil Co.
U.S. Circuit Court for the District of Indiana
In Equity. This is a suit in equity to compel the enforcement of a loase for mining for oil and gas. The bill alleges that the defendants Bradford and wife on February 22. 1901, executed to the complainant a lease as follows: “In consideration of the smn of one dollar, the receipt of which is hereby acknowledged, It.
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In Equity. This is a suit in equity to compel the enforcement of a loase for mining for oil and gas. The bill alleges that the defendants Bradford and wife on February 22. 1901, executed to the complainant a lease as follows: “In consideration of the smn of one dollar, the receipt of which is hereby acknowledged, It. W. Bradford, of Van Burén, Ind., of the first part, hereby grant and guaranty unto the Federal Oil Company, a corporation, of Chicago, state of Illinois, second party, all the oil and gas in and under the following described premises, together with the right to enter thereon at…
1Opinion of the CourtBaker, District Judge
(after stating the facts as above). The defendants contend that the bill cannot-be maintained—First, be*375cause the complainant is not bound to drill for gas or oil, and is not bound to pay for failure so to do, and that at the end of any month it may cease to pay rent, and no right of action therefor would exist in favor of the lessors for such default; second, because the complainant has the right at any time to remove all its property from the demised premises, and to annul and put an end to the lease. The only consideration yielded at the time of making the lease was $i in hand paid by the…
2Cases cited2 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Knight v. Indiana Coal & Iron Co.Indiana Supreme Court · 1874
3Cited by29 opinions
- Rich v. DonegheySupreme Court of Oklahoma · 1918
- Superior Oil & Gas Co. v. MehlinSupreme Court of Oklahoma · 1910
- Gadbury v. Ohio & Indiana Consolidated Natural & Illuminating Gas Co.Indiana Supreme Court · 1903
- Killebrew v. MurrayCourt of Appeals of Kentucky · 1912
- Berry v. FrisbieCourt of Appeals of Kentucky · 1905
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