Gibson v. Oliver
Supreme Court of Pennsylvania
Appeal, No. 7, Oct. T., 1893, by defendant, James B. Oliver, from judgment of C. P. No. 1, Allegheny Co., March T., 1892, No. 244, in favor of plaintiff, Jacob Gibson, for want of sufficient affidavit of defence. Assumpsit on oil lease.
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Appeal, No. 7, Oct. T., 1893, by defendant, James B. Oliver, from judgment of C. P. No. 1, Allegheny Co., March T., 1892, No. 244, in favor of plaintiff, Jacob Gibson, for want of sufficient affidavit of defence. Assumpsit on oil lease. The material portions of the lease were as follows: “ Operations on the above described premises shall be commenced and one well completed within one year from the date hereof, and, in case of a failure to complete one well within such time, the party of the second part hereby agrees to pay to the party of the first part for such delay the sum of five hundred…
1Opinion of the Court
Per Curiam,
There was no error in entering judgment for want of a sufficient affidavit of defence. The questions presented appear to be ruled by Wills v. Gas Co., 130 Pa. 222; Ray v. Gas Co., *280138 Pa. 576; Springer v. Gas Co., 145 Pa. 430, and Leatherman v. Oliver, 151 Pa. 646. The manifest purpose of the lease was to test the demised premises for oil and gas purposes by putting down two wells thereon. This was not done, nor was it even attempted. If it was intended that a test of the leased premises might be made by putting down wells outside thereof, the defendant should have protected…
2Cases cited3 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Leatherman v. OliverSupreme Court of Pennsylvania · 1892
3Cited by11 opinions
- Watchorn v. Roxana Petroleum CorporationCourt of Appeals for the Eighth Circuit · 1925
- Fidelity Deposit Co. of Maryland v. JonesCourt of Appeals of Kentucky (pre-1976) · 1934
- Davidson v. HughesSupreme Court of Kansas · 1907
- Allen v. NarverCalifornia Supreme Court · 1918
- Blodget v. Columbia Live Stock Co.Court of Appeals for the Ninth Circuit · 1908
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