Young v. Forest Oil Co.
Supreme Court of Pennsylvania
Appeal, No. 184, Oct. T., 1899, by defendants, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1898, No. 678, on bill in equity. Bill in equity for forfeiture of an oil lease or in the alternative for the specific performance of covenants contained in the lease, by sinking additional wells.
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Appeal, No. 184, Oct. T., 1899, by defendants, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1898, No. 678, on bill in equity. Bill in equity for forfeiture of an oil lease or in the alternative for the specific performance of covenants contained in the lease, by sinking additional wells. Frazer, J., found the facts to be as follows: 1. On . and before October 21, 1889, the plaintiff was the owner of fifty-three acres of land situate in Robinson township, Allegheny county, subject only to a dower interest of his mother, Mary Young, until her death, which occurred on January 7, 1892. On…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This is a bill by the lessor of oil land to declare a forfeiture of the lease for failure to develop the land and for damages for draining it from wells on neighboring leaseholds, or in the alternative for a decree of specific performance of the implied covenant, by sinking additional wells. The jurisdiction in cases of this kind is discussed in Colgan v. Forest Oil Company, opinion filed herewith, ante, p. 234, and we need only say now that it must be based and sustained on the ground of actual fraud. The bill is a striking example of the danger of dragging a…
2Cases cited1 opinion
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