Kleppner v. Lemon
Supreme Court of Pennsylvania
Appeal, No. 25, Oct. T.,_1896, by defendant, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1896, No. 188,'on bill in equity. Mitchell, J., dissents. Bill in equity to compel defendant to put down oil wells. White, J., filed the following opinion: 1. The plaintiff-made a lease to the defendant, dated June 16, 1894, for a term of two jmars, for oil and gas purposes, of a triangular piece of ground, containing between seven and eight acres, in Penn township, this county.
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Appeal, No. 25, Oct. T.,_1896, by defendant, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1896, No. 188,'on bill in equity. Mitchell, J., dissents. Bill in equity to compel defendant to put down oil wells. White, J., filed the following opinion: 1. The plaintiff-made a lease to the defendant, dated June 16, 1894, for a term of two jmars, for oil and gas purposes, of a triangular piece of ground, containing between seven and eight acres, in Penn township, this county. The plaintiff was to receive one eighth of the oil, and if gas was produced in sufficient quantities to justify…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This is in substance, though not in form, a bill for specific execution of a contract. The defendant denies' that the contract set out in the bill as the basis of the relief asked imposes any obligation, express or implied, upon him to do that which the plaintiff demands of him. The case must therefore depend upon the proper interpretation of the contract, aided by the necessities and usages of the business to which it relates. The plaintiff is the owner of a lot of land containing seven and one half acres. The adjoining lands, at least on two sides, were being…
2Cases cited1 opinion
3Cited by46 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Hartman Ranch Co. v. Associated Oil Co.California Supreme Court · 1937
- Grubb v. McAfeeTexas Supreme Court · 1919
- TW Phillips Gas and Oil Co. v. JedlickaSupreme Court of Pennsylvania · 2012
- Daughetee v. Ohio Oil Co.Illinois Supreme Court · 1914
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