Legal Opinion

Acheson ex rel. Armstrong Coal, Coke & Iron Co. v. Kittanning Consolidated Natural Gas Co.

Superior Court of Pennsylvania

Decided October 24, 1898No. Appeal, No. 87PublishedCited by 1 opinion

Appeal, No. 87, April T., 1898, by H. A. Colwell, from judgment of C. P. Armstrong Co., Sept. T., 1893, No. 228, on verdict for defendant. Assumpsit for rent amounting to $306. Before RAYBURN, P. J. The facts sufficiently appear in the opinion of the court. The court below directed a verdict for defendant. Use plaintiff appealed. Error assigned among others was in giving binding instructions for defendant.

1Opinion of the Court

Opinion by

Beaver, J.,

The plaintiff declared upon a written lease dated October 21, 1886, between the legal plaintiff and the Kittanning Caloric Co., for a piece of land, to be used for the sole and only purpose of mining and excavating for petroleum oil and gas and for the laying of pipes either over or under the surface for the transportation of oil and gas, for the consideration of 150.00 yearly rental, payable quarterly, for each and every gas well put down on said lease producing sufficient gas for parties of the second part to utilize in piping to their customers and also one-eighth of…

2Cases cited4 opinions

  1. Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
  2. Fennell v. GuffeySupreme Court of Pennsylvania · 1891
  3. Emerson & Penn Fuel Co. v. Commonwealth ex rel. Attorney GeneralSupreme Court of Pennsylvania · 1885
  4. Goss v. Woodland Fire Brick Co.Superior Court of Pennsylvania · 1897

3Cited by1 opinion

  1. Lowry v. Atlantic Coal Co.Supreme Court of Pennsylvania · 1922

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