Hope Natural Gas Co. v. Jarvis
West Virginia Supreme Court
Certified from Circuit Court, Calhoun County. Action by the Hope Natural Gas Company against C. A. Jarvis, administrator. A demurrer to the declaration was overruled, and ease certified.
1Opinion of the Court
PoffbnbaRgeR, Judge :
On the joint application of the parties to this action, the trial court has certified to this court, for review, its interlocutory order overruling a demurrer to the declaration and each count thereof.
The action is in assumpsit and for the recovery of portions of delay rentals paid under oil and gas leases, on the theory of breaches of implied covenants of the leases and failure of consideration, it having been ascertained and judicially determined, long after the date of the lease and payment of the rentals, that the lessors had no title to certain portions of the leased…
2Cases cited7 opinions
- Headley v. HoopengarnerWest Virginia Supreme Court · 1906
- Rex v. CreelWest Virginia Supreme Court · 1883
- Knotts v. McGregorWest Virginia Supreme Court · 1900
- Gaffney v. StowersWest Virginia Supreme Court · 1913
- Kilcoyne v. Southern Oil Co.West Virginia Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hager v. WolfeWest Virginia Supreme Court · 1932