McKnight v. Manuf. N. Gas Co.
Pennsylvania Court of Common Pleas, Washington County
No. 104 October Term 1891, Sup. Ct.; court below, No. 207 November Term 1890, C. P. On September 22, 1890, H. 0. McKiaight brought assumpsit against the Manufacturer’s 'Natural Gas Company, to recover damages for alleged breaches of covenants contained in an oil and gas lease, the breaches assigned in the statment of claim being mismanagement of a natural-gas well drilled upon the land by the defendant company, and the failure to drill other wells requisite to the proper…
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No. 104 October Term 1891, Sup. Ct.; court below, No. 207 November Term 1890, C. P. On September 22, 1890, H. 0. McKiaight brought assumpsit against the Manufacturer’s 'Natural Gas Company, to recover damages for alleged breaches of covenants contained in an oil and gas lease, the breaches assigned in the statment of claim being mismanagement of a natural-gas well drilled upon the land by the defendant company, and the failure to drill other wells requisite to the proper development of the land as gas territory. The defendant pleaded non assumpsit. At the trial, on February 26, 1891, the…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
A lease of the surface for agricultural purposes implies, if it does not express an agreement on the part of the lessee to cultivate the demised premises in accordance with the ordinary methods of husbandry. Without such cultivation, the premises will not be productive, and the landlord will suffer a substantial loss. A lease of a mine or a quarry, at a rental to be fixed by reference to the quantity of material removed therefrom, implies *200an agreement on the part of the lessee to work the mine or quarry. The reason is that, while the lessor does not lose his…
2Cases cited2 opinions
- Brown v. VandergriftSupreme Court of Pennsylvania · 1875
- Koch's & Balliet's AppealSupreme Court of Pennsylvania · 1880
3Cited by25 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Frank Oil Co. v. Belleview Gas & Oil Co.Supreme Court of Oklahoma · 1911
- Franklin Sugar Refining Co. v. HowellSupreme Court of Pennsylvania · 1922
- Aye v. Philadelphia Co.Supreme Court of Pennsylvania · 1899
- Kleppner v. LemonSupreme Court of Pennsylvania · 1896
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