Cole v. Philadelphia Company

Opinion by

Mr. Justice Parker,

John G. Cole, lessor in an oil and gas lease, brought this action in assumpsit in 1936 against Philadelphia Company, lessee, to recover royalty alleged to be due under the terms of the lease for a period beginning November 30, 1922. The ultimate question presented is whether the lease had been surrendered prior to the time when the royalty claimed became due. The court below decided as a matter of law that the lease had been surrendered or abandoned and that in any event the plaintiff was barred from recovery by laches. We are of the opinions that the court below…