Fisher v. Guffey
Supreme Court of Pennsylvania
Appeal, No. 92, Oct. T., 1899, by plaintiff, from judgment of C. P. Greene Co., June T., 1898, No. 7, on demurrer to statement. Assumpsit for money alleged to be due under an assignment of a gas lease.
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Appeal, No. 92, Oct. T., 1899, by plaintiff, from judgment of C. P. Greene Co., June T., 1898, No. 7, on demurrer to statement. Assumpsit for money alleged to be due under an assignment of a gas lease. The assignment which was the basis of plaintiff’s claim was as follows : “ For and in consideration of the sum of five hundred dollars ($500) to me in hand paid by F. B. Tomb, receipt whereof is hereby acknowledged, and the further consideration of the sum of one thousand dollars ($1,000) if oil is found in any well drilled on any of the territory herein described, and said well or territory be…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The demurrer of the South Penn Oil Company was sustained *396on the ground that the statement filed disclosed no cause of action against it. The averments relied upon to sustain the action may be briefly stated: J. L. Fisher, the plaintiff, sold and assigned a number of leases, covering about 4,000 acres of land, to B. F. Tomb. The consideration named in the assignments was $500 paid at the time, and $1,000 to be paid thereafter in case oil was found in any well drilled and the territory was further operated by Tomb or his assigns. This assignment was subject to the…
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