Legal Opinion

Wilson v. Philadelphia Co.

Supreme Court of Pennsylvania

Decided December 31, 1904No. Appeal, No. 67PublishedCited by 4 opinions

Appeal, No. 67, Oct. T., 1904, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1901, No. 25, on verdict for plaintiffs incase of Annie Wilson et al. v. Philadelphia Company. Assumpsit on an oil and. gas lease. Before Collier, P. J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 67, Oct. T., 1904, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1901, No. 25, on verdict for plaintiffs incase of Annie Wilson et al. v. Philadelphia Company. Assumpsit on an oil and. gas lease. Before Collier, P. J. The facts are stated in the opinion of the Supreme Court. Defendant offered the following points : 1. That if the jury find from the evidence that the defendant permanently ceased to use these wells as gas wells, on account of the failure of those wells to produce gas, then the plaintiffs are entitled to recover only the rent of those wells for…

1Opinion of the Court

Opinion by

Mb. Justice Dean,

This suit was to enforce payment of the consideration which defendant agreed to pay plaintiffs for an oil and gas lease of fifty-eight acres of land in Allegheny county. The term of the lease was fifteen years and so much longer as oil and gas could be produced in paying quantities. As no oil was found we need not concern ourselves with the stipulations as to oil. Gas was found and this dispute is concerning the rights and liabilities of the parties in reference to that product. The party of the second part was to commence drilling within three months; if gas was…

2Cases cited4 opinions

  1. Venture Oil Co. v. FrettsSupreme Court of Pennsylvania · 1893
  2. Nesbit v. GodfreySupreme Court of Pennsylvania · 1893
  3. Double v. Union Heat & Light Co.Supreme Court of Pennsylvania · 1896
  4. Williams v. GuffySupreme Court of Pennsylvania · 1896

3Cited by4 opinions

  1. Saylor v. HowardCourt of Appeals of Kentucky (pre-1976) · 1929
  2. Hutton v. Carnegie Natural Gas Co.Superior Court of Pennsylvania · 1912
  3. Pursel v. Reading Iron Co.Court of Appeals for the Third Circuit · 1916
  4. PEDF v. Com. of PACommonwealth Court of Pennsylvania · 2019

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