Legal Opinion

Bay State Petroleum Co. v. Penn Lubricating Co.

Court of Appeals of Kentucky

Decided June 15, 1905PublishedCited by 20 opinions

Case 82 — ACTION BY PENN LUBRICATING CO. AGAINST' GEORGE C. BACKER AND OTHERS, AND BY THE SAME PLAINTIFF AGAINST THE BAY STATE PETROLEUM CO. TO ENJOIN THEM FROM INTERFERING WITH ITS OPERATIONS IN BORING FOR OIL, &c. Appeals from Wayne Circuit Court. M. L. Jarvis Circuit Judge. Judgment for plaintiff. Defendants appeal. (Briefs of attorneys on file with new case.)

1Opinion of the Court

Opinion by

Chief Justice Hobson

Reversing.

On January 25, 1895, Harvey Duncan and wife executed the following lease to A. M. Williams: “Memorandum of agreement made January 25, 1895, by and between Harvey Duncan and wife, Mary, of the first part, and A. M. Williams, party of the second part. Consideration, mutual covenants and agreements herein contained. The first party has and does hereby grant to second party the exclusive right to operate for coal, oil, gas, salt, ores and all other minerals in three hundred acres, more or less, in precinct No. —, Wayne county, State of Kentucky, being thq…

2Cases cited2 opinions

  1. Steelsmith v. GartlanWest Virginia Supreme Court · 1898
  2. Berry v. FrisbieCourt of Appeals of Kentucky · 1905

3Cited by20 opinions

  1. Warfield Natural Gas Co. v. AllenCourt of Appeals of Kentucky (pre-1976) · 1933
  2. Eastern Kentucky Mineral & Timber Co. v. Swann-Day Lumber Co.Court of Appeals of Kentucky · 1912
  3. Mansfield Gas Co. v. AlexanderSupreme Court of Arkansas · 1911
  4. Lindlay v. RaydureDistrict Court, E.D. Kentucky · 1917
  5. Cadillac Oil & Gas Co. v. HarrisonCourt of Appeals of Kentucky · 1922

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