Bradford Oil Co. v. Blair
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of McKean county: Of July Term, 1885, No. 21. This was an action of covenant brought by James E. Blair against the Bradford Oil Company, to recover damages for a breach of covenant in an oil lease, wherein the plaintiff was the lessor, and the defendant, bv various assignments, became the lessee.
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Error to the Court of Common Pleas of McKean county: Of July Term, 1885, No. 21. This was an action of covenant brought by James E. Blair against the Bradford Oil Company, to recover damages for a breach of covenant in an oil lease, wherein the plaintiff was the lessor, and the defendant, bv various assignments, became the lessee. Plea, non est factum, and covenants performed absque hoc. •The following are the facts as they appeared on the trial before Brown, P. J.: On the 17th day of July, 1875, James E. Blair leased to L. G. Peck his farm in Bradford township, McKean county, containing one…
1Opinion of the Court
The opinion of the Court was filed
2Per curiam
The agreement imposed on the company an obligation to use due diligence in operating on tbe premises. That was necessary for the common benefit of both *94parties. We do not think damages for not securing flowing oil are to be ascertained exactly as if it were a stationary mineral.
If oil be not utilized at a proper time it may be lost forever by reason of others operating near by. Not so with a stationary mineral. It remains for future development. While there is some difficulty in the way the damages were ascertained in this case, yet no better or more accurate…
3Cited by22 opinions
- Texas Pacific Coal & Oil Co. v. BarkerTexas Supreme Court · 1928
- Daughetee v. Ohio Oil Co.Illinois Supreme Court · 1914
- Grass v. Big Creek Development Co.West Virginia Supreme Court · 1915
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- McCoy v. Arkansas Natural Gas Co.Supreme Court of Louisiana · 1932
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