Legal Opinion

Guffey v. Clever

Pennsylvania Court of Common Pleas, Alleghany County

Decided January 4, 1892No. 230PublishedCited by 8 opinions

No. 230 October Term 1891, Sup. Ct.; court below, No. 97 June Term 1890, C. P. No. 1. To tbe first Monday of April, 1890, J. M. Guffey brought trespass against A. P. Clever and Charles Scarborough. Issue.

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No. 230 October Term 1891, Sup. Ct.; court below, No. 97 June Term 1890, C. P. No. 1. To tbe first Monday of April, 1890, J. M. Guffey brought trespass against A. P. Clever and Charles Scarborough. Issue. At the trial, on March 3,1891, evidence was submitted of the following facts: On August 10, 1888, A. P. Clever demised a lot of about fifty acres in Stowe township, adjoining another tract of the lessor, to G. C. Gamier and S. S. Smith, for the production .of gas and oil, without any provision extending the covenants of the lease to the heirs, executors and administrators, or assigns of the…

1Opinion of the Court

Pee Curiam:

This was stated to be an “ action in trespass for damages by fraud.” A. P. Clever, one of the appellants, owned two pieces of land, one of fifty acres, the other of 179¿- acres. In the year 1888 he leased the fifty-acre lot, for oil and gas purposes, to Gamier and Smith. They assigned this lease to J. M. Guffey, the plaintiff, on December 4, 1888. The lease contained this clause: “ And, in case oil or gas is found on said premises as aforesaid, then the said parties of the second part shall have the refusal, for the term of three months, of the other lands of the said parties of…

2Cases cited1 opinion

  1. Heastings v. McGeeSupreme Court of Pennsylvania · 1870

3Cited by8 opinions

  1. Neuman v. Corn Exchange National Bank & Trust Co.Supreme Court of Pennsylvania · 1946
  2. Emery v. Third Nat. Bk. of PittsburghSupreme Court of Pennsylvania · 1934
  3. Miller v. Central Trust & Savings Co.Supreme Court of Pennsylvania · 1926
  4. Mackenzie Oil Co. v. Omar Oil & Gas Co.Superior Court of Delaware · 1929
  5. Harris v. EggerCourt of Appeals for the Sixth Circuit · 1915

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