Mathews v. Peoples Natural Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 49, Oct. T., 1896, by defendant, from judgment of C. P. Washington Co., Feb. T., 1895, No. 158, on case tried by the court without a jury.
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Appeal, No. 49, Oct. T., 1896, by defendant, from judgment of C. P. Washington Co., Feb. T., 1895, No. 158, on case tried by the court without a jury. Assumpsit on an oil and gas lease submitted to the court on the law and the facts under the act of 1874. Before Mc-Ilvaine, P. J. At the trial it appeared that the lease contained the following clause: “ The said party of the first part to fully use and enjoy the said premises for the purposes of tillage, except such part as shall be necessary for said purposes and a right of way to and from the place or places of operating.” The other material…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiff, on February 6, 1886, leased to defendant for oil and gas purposes, two vacant lots of ground in South Strabane township, Washington county, for the term of twenty years. The lots were intended for building purposes, and although separated from each other nine hundred feet, both were in what is known as the Gantz and Gordon oil pools, and producing wells had been drilled in proximity to them. The leases contained these provisions :
“ The party of the second part covenants to commence operations on this land for said purpose within three months from the…
2Cases cited2 opinions
- Leatherman v. OliverSupreme Court of Pennsylvania · 1892
- Ogden v. Hatry, Pennsylvania Court of Common Pleas, Venango County1892
3Cited by3 opinions
- McDaniel v. Hager-Stevenson Oil Co.Montana Supreme Court · 1926
- Violette v. GaertnerMichigan Supreme Court · 1932
- Bates v. Winifrede Coal Co.Ohio Superior Court, Cincinnati · 1907