Leatherman v. Oliver
Supreme Court of Pennsylvania
Appeal, No. 168, Oct T.; 1892, by defendant, James B. Oliver, from order of C. P. No. 2, Allegheny Co., Oct T. 189.1, No. 349, making absolute a rule by plaintiff, M. F. Leatherman et al., for judgment for want of a sufficient affidavit of defence. Assumpsit for rent on oil lease.
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Appeal, No. 168, Oct T.; 1892, by defendant, James B. Oliver, from order of C. P. No. 2, Allegheny Co., Oct T. 189.1, No. 349, making absolute a rule by plaintiff, M. F. Leatherman et al., for judgment for want of a sufficient affidavit of defence. Assumpsit for rent on oil lease. Plaintiffs statement averred, that on July 15,1890, plaintiffs: “ made, executed and delivered unto the said defendant a lease for oil and gas purposes of their above described premises for the term of five years, by the terms of which said defendant was given the exclusive right of drilling and operating for…
1Opinion of the Court
Opinion by
Mb, Justice Williams,
The question raised in the court below and in this court is over the sufficiency of the affidavit of defence. The contract sued on is what is commonly called an oil lease, made by the plaintiffs to the defendant, which covers one hundred and fifty-five acres of land; and which was to continue for five years “ and as much longer as oil or gas should be found or the *649rental paid thereon.” The lessee agreed to complete a well on the leased premises within six months, “or in default thereof pay to the party of the first part for futher delay an annual rental of five…
2Cases cited3 opinions
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Galey Bros. v. KellermanSupreme Court of Pennsylvania · 1889
- Ogden v. Hatry, Pennsylvania Court of Common Pleas, Venango County1892
3Cited by23 opinions
- Hancock v. Diamond Plate Glass Co.Indiana Supreme Court · 1904
- McMillan v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Empire Gas & Fuel Co. v. PendarCourt of Appeals of Texas · 1922
- Cohn v. ClarkSupreme Court of Oklahoma · 1915
- McDaniel v. Hager-Stevenson Oil Co.Montana Supreme Court · 1926
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