Moore v. Ohio Valley Gas Co.

Miller, Judge:

The plaintiff February 9, 1905, made a lease for oil and gas to C. A. Smith of a tract of one hundred acres in Hancock county, with the usual provisions — among them, that “if gas only is found and the same is marketed off the premises the second party agrees to pay $5 per pound per annum payable semi-annually in advance for each pound registered in one minute on casing at well sis months from date of completion.” The lease came by assignment to defendant, and a well was completed by it November 23, 1905, in which gas only was found; whereupon, in the presence of the plaintiff,…