Burton v. Forest Oil Co.
Supreme Court of Pennsylvania
Appeal, No. 166, Oct. T., 1902, by defendant, from judgment of C. P. Butler Co., Sept. T., 1902, No. 134, on verdict for plaintiff, in case of B. P. Burton v. Forest Oil Company. Assumpsit to recover rental under an oil and gas lease. Before Greer, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 166, Oct. T., 1902, by defendant, from judgment of C. P. Butler Co., Sept. T., 1902, No. 134, on verdict for plaintiff, in case of B. P. Burton v. Forest Oil Company. Assumpsit to recover rental under an oil and gas lease. Before Greer, P. J. The facts appear by the opinion of the Supreme Court. At the trial when Ferdinand Reiber was on the stand, he was asked this question: “ Q- Now, Mr. Rieber, T want to ask you this question: In an oil and gas lease where this term is used, 4 If gas is found in sufficient quantities to utilize,’ whether in the trade that means gas derived from…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
B. P. Burton, the plaintiff and appellant, by an agreement dated April 3,1889, leased to W. S. Guffey and Emmet Queen his farm of thirty-six acres in Butler county for the purpose of drilling and operating for petroleum, oil or gas for the term of ten years or thereafter while oil or gas was produced in paying quantities or the rental was paid. The agreement required one eighth of the oil produced on the premises to be delivered to the lessor, and then provides as follows: “ It is further agreed that if gas is obtained in sufficient quantities to utilize, the…
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