Swamp Branch Oil & Gas Co. v. Rice

Opinion of the Court by

Judge Dietzman

Reversing.

The issue in this ease as ultimately presented by the pleadings is whether or not the appellant, the assignee of an oil and gas lease, has exercised due diligence to market the gas available from gas wells it has drilled upon the land of the appellee, the lessor, in said lease. The lower court found that it had not and awarded appellee judgment in the sum of $2,896.91, being the full amount sought, and being what the court found was the fair market value of that part of the gas which would have gone to the lessor under the lease as the royalty…