Gaffney v. Stowers
West Virginia Supreme Court
Error to Circuit Court, Lincoln County. Action by P. H. Gaffney and others against Elias Stowers. Judgment for plaintiff, and. defendant brings error.
1Opinion of the Court
POFFENBARGER, PRESIDENT :
In this action of assumpsit by lessees against the lessor in an oil and gas lease,” to recover rentals or money paid for delay *422in drilling, in compliance with a covenant in the lease to drill a well' within a limited time, or pay a monthly rental in lieu thereof, on1 the ground of breach of an express covenant for quiet enjoyment in the lease; the court rejected a great deal of evidence offered for the purpose of proving the lessees had taken the lease with knowledge of the defect of title and upon condition that they would return it and receive back their money, in…
2Cases cited10 opinions
- Sult v. A. Hochstetter Oil Co.West Virginia Supreme Court · 1908
- Chichester v. VassCourt of Appeals of Virginia · 1797
- Lyttle v. CozadWest Virginia Supreme Court · 1882
- Shriver v. GarrisonWest Virginia Supreme Court · 1887
- Knotts v. McGregorWest Virginia Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wright v. Standard Ultramarine and Color Co.West Virginia Supreme Court · 1955
- Case v. ShepherdWest Virginia Supreme Court · 1954
- Case v. ShepherdWest Virginia Supreme Court · 1954
- Hale v. GrowWest Virginia Supreme Court · 1921
- Stowers v. Huntington Development & Gas Co.Court of Appeals for the Fourth Circuit · 1934
8 more not listed; retrieve them via the Exa API.