Hunter v. Apollo Oil & Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 4, Oct. T., 1902, by defendant, from judgment of C. P. No. 1, Allegheny Co., March Term, 1901, No. 130, on verdict for plaintiff in case of R. O. Hunter v. Apollo Oil & Gas Company, Limited. Assumpsit to recover rental under a gas lease.- Before Stowe, P. J. The opinion of the Supreme Court states the case. At the trial Henry A. Bowers testified as to tenders made to the lessor on a basis of $100 rental for a second well.
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Appeal, No. 4, Oct. T., 1902, by defendant, from judgment of C. P. No. 1, Allegheny Co., March Term, 1901, No. 130, on verdict for plaintiff in case of R. O. Hunter v. Apollo Oil & Gas Company, Limited. Assumpsit to recover rental under a gas lease.- Before Stowe, P. J. The opinion of the Supreme Court states the case. At the trial Henry A. Bowers testified as to tenders made to the lessor on a basis of $100 rental for a second well. The court ordered this testimony ;c be stricken out. [2] Defendant presented this point: The court is requested to charge that the oral testimony on behalf of…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
R. O. Hunter, the appellee in this case, by an agreement in. writing dated December 9, 1895, granted to the' Apollo Oil & Gas Company, Limited, the appellant, all the oil and gas in and *387under twenty-two acres of land in Armstrong county “ for the term of five years, or as much longer as oil and gas is found in paying quantities.” The agreement contained, inter alia, the following provision : “ 3. If gas is found upon said premises the second party agrees to pay to the first party five hundred ($500) dollars per annum, payable quarterly on demand, for each and…
2Cited by1 opinion
- Wilson v. People's Gas Co.Supreme Court of Kansas · 1907