Wolf v. Guffey
Supreme Court of Pennsylvania
Appeal, No. 282, Oct. T., 1893, by-plaintiff, John M. Wolf, from judgment of C. P. No. 2, Allegheny Co., April T., 1891, No. 827, on verdict for defendant, James M. Guffey. Assumpsit on oil and gas lease.
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Appeal, No. 282, Oct. T., 1893, by-plaintiff, John M. Wolf, from judgment of C. P. No. 2, Allegheny Co., April T., 1891, No. 827, on verdict for defendant, James M. Guffey. Assumpsit on oil and gas lease. Before White, J. At the trial it appeared that, on May 18, 1886, E. B. Beardsley, the assignor of defendant, obtained oil and gas leases from plaintiff; The material clause in the leases was as follows: “ Operations on the above described premises shall be commenced and one well completed within six months from the date hereof, and in case of a failure to complete one well within such time,…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
If it be conceded that the lessor could have maintained this action in affirmance of the lease, it does not necessarily follow that he may do so after he has elected to forfeit it and rented the property to another party. The cause of the forfeiture arose when the lessee failed to complete a well on the premises within six months, or to pay the sum sued for within three months thereafter. According to the contention of the lessor a right of action for this sum accrued on the 18th of February, 1887, and he is still entitled to receive it, although he immediately…
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