Legal Opinion

Chicago & Allegheny Oil & Mining Co. v. United States Petroleum Co.

Supreme Court of Pennsylvania

Decided January 20, 1868PublishedCited by 8 opinions

Appeal from tbe decree of tbe Court of Nisi Prius. In equity. This proceeding was a bill in equity, filed April 25th 1866, by tbe Cbicago and Allegheny Oil and Mining Company, tbe Garden City Petroleum and Mining Company, II. H. Honoré and Samuel J. Walker, against the United States Petroleum Company.

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Appeal from tbe decree of tbe Court of Nisi Prius. In equity. This proceeding was a bill in equity, filed April 25th 1866, by tbe Cbicago and Allegheny Oil and Mining Company, tbe Garden City Petroleum and Mining Company, II. H. Honoré and Samuel J. Walker, against the United States Petroleum Company. Tbe proceeding was founded on tbe following instrument:— “ Articles of agreement made, &c., tbe 16th day of March a. d. 1864 between Thomas Ilolmden, &e., of tbe first part, and James Faulkner, Jr., &c., of tbe second part: Witnessetb that for and in consideration of tbe covenants, agreements…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

‘The original bill in this- case prayed for a decree of forfeiture of the lease held by the defendants, and for the appointment of a receiver for the lessee’s share of the oil. The amended bill avers breaches of the covenant in the lease, and a *90forfeiture thereby, states thaP an action at law has been brought to enforce the forfeiture, and that this bill is in aid thereof, and then prays for an account of all the oil, and for the appointment of a receiver as before, and in the mean time that the defendants shall be restrained from taking and…

2Cited by8 opinions

  1. Barnsdall v. Bradford Gas Co.Supreme Court of Pennsylvania · 1909
  2. Hetrick v. Apollo Gas Co.Superior Court of Pennsylvania · 1992
  3. Tate v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1963
  4. Power v. GroganSupreme Court of Pennsylvania · 1911
  5. Baird's AppealSuperior Court of Pennsylvania · 1938

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