Coffinberry v. Sun Oil Co.
Ohio Supreme Court
Error to the Circuit Court of Wood County. The plaintiff in error, as plaintiff in the lower court, on January 8, 1901, filed the following amended petition: “The plaintiff, Henry D. CofSniberry, is the owner of the following lands: The south half (%) of the southwest one-fourth (%) °f section eighteen (18) and the north half (V2) of the northwest one-fourth (14) of section nineteen (19) in Portage township, Wood county, Ohio, and containing in all about one hundred and…
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Error to the Circuit Court of Wood County. The plaintiff in error, as plaintiff in the lower court, on January 8, 1901, filed the following amended petition: “The plaintiff, Henry D. CofSniberry, is the owner of the following lands: The south half (%) of the southwest one-fourth (%) °f section eighteen (18) and the north half (V2) of the northwest one-fourth (14) of section nineteen (19) in Portage township, Wood county, Ohio, and containing in all about one hundred and fifty-eight (158) acres. On May 29, 1890, Janies M. Coffinberry, the father of plaintiff, and from whom he derives his…
1Opinion of the Court
It is a familiar rule of practice that a general demurrer admits all facts which are properly pleaded, and for the purpose of testing the cause of action set out in the amended petition,, the defendant by such demurrer, confesses the truth of the proper averments of that pleading.
Looking to the facts alleged, it is seen, that by the terms of the oil lease, there is but one condition upon which the lessor could declare a forfeiture of the lease, 'and that condition is that there should be a well completed by the lessee on the premises within one year from date of the instrument, or he should…
2Cited by21 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Poe v. UlreyIllinois Supreme Court · 1908
- Pelham Petroleum Co. v. NorthSupreme Court of Oklahoma · 1920
- Beer v. GriffithOhio Supreme Court · 1980
- Baldwin v. McDonaldWyoming Supreme Court · 1916
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