Legal Opinion

Gabbert v. William Seymour Edwards Oil Co.

West Virginia Supreme Court

Decided October 5, 1916PublishedCited by 5 opinions

Error, to Circuit Court, Kanawha County. Action by Charles G-abbert and others against the William Seymour Edwards Oil Company. Judgment for defendant, and plaintiffs bring error.

1Opinion of the Court

Robinson, President:

The plaintiff in this action in assumpsit seeks to recover the sum of five hundred dollars which he claims is due him under the stipulations of an oil and gas lease. Recovery was denied him by the judgment of the circuit court.

The lease is the usual one, except that a special provision was inserted into the printed form by twpewriting. That provision is as follows: “Lessee is to begin operation in forty days and pursue same diligently till completed or pay to lessor the sum of five hundred dollars.” Decision turns on the question whether this inserted provision 'controls…

2Cases cited1 opinion

  1. Hardie-Tynes Foundry & Machine Co. v. Glen Allen Oil MillMississippi Supreme Court · 1904

3Cited by5 opinions

  1. Marson Coal Co. v. Insurance Co. of PennsylvaniaWest Virginia Supreme Court · 1974
  2. State of Indiana v. Scott Construction CompanyIndiana Court of Appeals · 1931
  3. Ries v. Pacific Fruit & Produce Co.Idaho Supreme Court · 1930
  4. Coffey v. Day & Night Nat. BankDistrict Court, E.D. Kentucky · 1926
  5. Antero Resources Corporation v. Directional One Services, Inc., USAWest Virginia Supreme Court · 2022

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