Watt v. Equitable Gas Co.
Superior Court of Pennsylvania
Appeal, No. 160, April T., 1898, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1895, No. 11, on verdict for plaintiff. Assumpsit. Before Kennedy, P. J. It appears from the record that the form of action was assumpsit brought to recover an annual sum under an oil and gas lease of which the defendant became assignee and which it subsequently assigned to others. The essential facts sufficiently appear in the opinion of the court.
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Appeal, No. 160, April T., 1898, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1895, No. 11, on verdict for plaintiff. Assumpsit. Before Kennedy, P. J. It appears from the record that the form of action was assumpsit brought to recover an annual sum under an oil and gas lease of which the defendant became assignee and which it subsequently assigned to others. The essential facts sufficiently appear in the opinion of the court. The court directed a verdict for plaintiff. Verdict and judgment for plaintiff for 1191.52; Defendant appealed. Errors assigned were (1) refusal…
1Opinion of the Court
Opinion by
W. W. Porter, J.,
On January 18, 1887, the plaintiff executed a writing giving the right to drill and operate for oil and gas upon his farm to J. T. Hoey, his heirs and assigns, and containing the following provision: “ Operations upon the above named premises shall be commenced and one well completed within six months from the date hereof, in case of failure to complete well within said time, the party of the second part agrees to pay the party of the first part for such delay, the sum of $171.00 per annum from the time of [for] completing such a well as above specified, payable…
2Cases cited4 opinions
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Fennell v. GuffeySupreme Court of Pennsylvania · 1891
- Fennell v. GuffeySupreme Court of Pennsylvania · 1893
- Goss v. Woodland Fire Brick Co.Superior Court of Pennsylvania · 1897