Grass v. Big Creek Development Co.
West Virginia Supreme Court
Error to Circuit Court, Lincoln County. Action by John M. Grass and others against the Big Creek Development Company. Judgment for plaintiffs, and defendant brings error.
1ConcurrencePopfenbaRGER, Judge
The claim for damages on account of alleged drainage wholly fails for want of proof. The opinion of the court concedes that, under circumstances, not established by the evidence in this case, the lessee, under a lease, such as the one involved here, containing no express covenant to drill additional wells or to operate the land diligently for oil, •might recover damages for non-drilling of additional wells. Though some of our decisions contain dicta in agreement with this theory, Hall v. South Penn Oil Co., 71 W. Va. 82 and *733other cases there cited, I am of the opinion, after mature…
2Cases cited19 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Steelsmith v. GartlanWest Virginia Supreme Court · 1898
- Johnson v. BurnsWest Virginia Supreme Court · 1894
- White v. BaileyWest Virginia Supreme Court · 1909
14 more not listed; retrieve them via the Exa API.