Jamestown & Franklin R. R. v. Egbert
Supreme Court of Pennsylvania
Appeal, No. 243, Oct. T., 1892, by-defendants, Dr. A. G. Egbert et al., from judgment of O. P. Venango Co., Nov. T., 1886, No. 8, on verdict for plaintiffs. Covenant, begun in 1886, upon oil lease for rent.
Read the full summary
Appeal, No. 243, Oct. T., 1892, by-defendants, Dr. A. G. Egbert et al., from judgment of O. P. Venango Co., Nov. T., 1886, No. 8, on verdict for plaintiffs. Covenant, begun in 1886, upon oil lease for rent. On the trial, before Taylor, P. J., evidence was offered to tbe following effect: On May 30, 1885, plaintiff executed to the defendants an oil lease upon about one thousand acres of land in Venango county, by the terms of the lease to be treated as ten pieces of land of one hundred acres each. Defendants were, within sixty days, to commence drilling a well on one of the tracts and to…
1Opinion of the Court
Per Curiam,
We think the offers of evidence referred to in the first and fourth specifications were properly rejected. The test of surrounding property was not the test required by the lease. It does not follow that because there was no oil on adjoining property, oil might not have been struck on this large tract.
The offer to show authority from the plaintiff to Getzendanner to release the appellants did not go far enough, and the court below was right in rejecting it. Neither was it competent to show an abandonment of the property under the terms of the lease.
Nor was it competent to show that…
2Cited by10 opinions
- Watchorn v. Roxana Petroleum CorporationCourt of Appeals for the Eighth Circuit · 1925
- W. J. Gilmore Drug Co. v. GoldsmithSuperior Court of Pennsylvania · 1922
- Edmundson v. Singer Sewing Machine Co.Superior Court of Pennsylvania · 1912
- Higgins v. GrantCalifornia Court of Appeal · 1931
- Doll v. RyderSuperior Court of Pennsylvania · 1935
5 more not listed; retrieve them via the Exa API.