Collins v. Mechling
Superior Court of Pennsylvania
Appeal, No. 95, April T., 1896, by defendant, from judgment of C. P. No. 2, Allegheny County, April T., 1894, No. 5, on verdict for plaintiffs. Assumpsit to recover rental due under an oil and gas lease. Before White, J. Verdict for plaintiff for $772.52. The facts sufficiently appear from the following extract from the charge of the court.
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Appeal, No. 95, April T., 1896, by defendant, from judgment of C. P. No. 2, Allegheny County, April T., 1894, No. 5, on verdict for plaintiffs. Assumpsit to recover rental due under an oil and gas lease. Before White, J. Verdict for plaintiff for $772.52. The facts sufficiently appear from the following extract from the charge of the court. Gentlemen of the jury: This action is to recover money claimed by the plaintiff on a lease of six acres of ground in North Fayette township, this county, made to the defendants for oil and gas purposes. Qne provision of the lease was that the defendants…
1Opinion of the Court
Opinion by
Wickham, J.,
The last stipulation in the oil and gas lease, which has given rise to this controversy, reads as follows: “ If oil is found in paying quantities, party of first part is to be paid, in addition to the $75.00, now paid in hand, the further sum of $600, said money to be paid within thirty days from completion of well.”
The meaning of the words, “ if oil is found in paying quantities,” on which the whole dispute between the parties to the suit hinges, is, we think, not ambiguous. The obvious intention was that if, for the period of thirty days after its completion, the well…
2Cases cited4 opinions
- Cope v. DoddSupreme Court of Pennsylvania · 1850
- Corcoran v. ChessSupreme Court of Pennsylvania · 1890
- Weld v. BarkerSupreme Court of Pennsylvania · 1893
- Sheeley v. NeidhammerSupreme Court of Pennsylvania · 1897
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- Magyar v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1928
- Prigg v. PrestonSuperior Court of Pennsylvania · 1905