Colgan v. Forest Oil Co.
Supreme Court of Pennsylvania
Appeal, No. 183, Oct. T., 1899, by defendant, from decree of C. P. No. 2, Allegheny Co., April T., 1899, No. 353, on bill in equity. Bill in equity for forfeiture of an oil and gas 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. 183, Oct. T., 1899, by defendant, from decree of C. P. No. 2, Allegheny Co., April T., 1899, No. 353, on bill in equity. Bill in equity for forfeiture of an oil and gas 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. The plaintiff, being the owner of a farm situate in Penn township, December 3, 1890, leased the same to Thomas Liggett for oil and gas purposes. At the time of the execution of the lease the plaintiff received the sum of $65.00 in cash, and…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This is a bill in equity by lessor against lessee for specific performance of covenants, or in the alternative for forfeiture of the lease and also for an account. As the covenants are merely implied, and their extent depends altogether on oral evidence of opinions, the case for relief is wholly wanting in that precision and certainty of contractual duty which is necessary to sustain the ordinary chancery decree for specific performance. The jurisdiction of equity in a similar case was, however, sustained in Kleppner v. Lemon, 176 Pa. 502, and we do not now…
2Cases cited1 opinion
- Kleppner v. LemonSupreme Court of Pennsylvania · 1896
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