Shrader v. T. W. Phillips Gas & Oil Co.
Superior Court of Pennsylvania
Appeal, No. 171, April T., 1910, by defendant, from order of C. P. Butler Co., Dec. T., 1908, No. 83, making absolute rule for judgment for want of a sufficient affidavit of defense in case of A. C. Shrader v. T. W. Phillips Gas & Oil Company. Assumpsit for rental. Before Criswell, P. J., specially presiding. The opinion of the Superior Court states the facts. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Head, J.,
By a written lease, dated May 8, 1902, the plaintiff demised unto the defendant company, or its predecessor in title, the exclusive right to drill and operate for oil and gas on a tract of land in Armstrong county containing 156 acres. The term of said lease is first definitely fixed at a period of five years, but this term could be extended under the conditions described in the following language: "and as long thereafter as oil or gas is produced in paying quantities or active operations for oil ór gas are being conducted thereon.” The term as first described had expired…
2Cases cited3 opinions
- Marys v. AndersonSupreme Court of Pennsylvania · 1855
- Nesbit v. GodfreySupreme Court of Pennsylvania · 1893
- Double v. Union Heat & Light Co.Supreme Court of Pennsylvania · 1896
3Cited by2 opinions
- T. W. Phillips Gas & Oil Co. v. KomarSupreme Court of Pennsylvania · 1967
- Hutton v. Carnegie Natural Gas Co.Superior Court of Pennsylvania · 1912