Double v. Union Heat & Light Co.
Supreme Court of Pennsylvania
Appeal, No. 113, October Term 1895, by defendant from judgment of C. P. Butler County, March T., 1895, No. 130, on verdict for plaintiff. Assumpsit for rent on an oil and gas lease.
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Appeal, No. 113, October Term 1895, by defendant from judgment of C. P. Butler County, March T., 1895, No. 130, on verdict for plaintiff. Assumpsit for rent on an oil and gas lease. Before Greer, P. J. At the trial it appeared that the material portions of the lease were as follows: “ That the lessor, in consideration of one dollar, the receipt of which is hereby acknowledged, and of other valuable considerations, does hereby demise and grant unto the lessee, his heirs and assigns, all the oil and gas in and under the following described tract of land, and also the said tract of land for the…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The definite term of the lease in question ended by its own limitation on May 4,1893, being two years from its date, May 4, 1891. After that the lease was to continue, “ as much longer as oil and gas is found in paying quantities therein.” No oil was found but gas was found in paying quantities, and then the rental clause became operative, to wit, “ and should any well produce gas in sufficient quantities to justify marketing, the lessor shall be paid at the rate of two hundred dollars per year for such well so long as the gas therefrom is sold.” The defendant…
2Cases cited2 opinions
- Marys v. AndersonSupreme Court of Pennsylvania · 1855
- Nesbit v. GodfreySupreme Court of Pennsylvania · 1893
3Cited by11 opinions
- Consumers Gas Trust Co. v. LittlerIndiana Supreme Court · 1904
- Cole v. Philadelphia CompanySupreme Court of Pennsylvania · 1942
- Continental Oil Co. v. Osage Oil & Refining Co.Court of Appeals for the Tenth Circuit · 1932
- Fisher v. Maple Block Coal Co.Supreme Court of Iowa · 1918
- Hutton v. Carnegie Natural Gas Co.Superior Court of Pennsylvania · 1912
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