Smith v. Peoples Natural Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 1, Oct. T., 1917, by plaintiffs, from decree of O. P. Clarion Co., May T., 1915, No. 3, dismissing bill in equity for the forfeiture of an oil and gas lease, in case of D. B. Smith in his own right, and D. B. Smith, Reid Smith, C. B. Smith and Bessie Smith Fleeger, intermarried with Thomas Fleeger, husband and heirs at law of Ella C. Smith, deceased, v. The Peoples Natural Gas. Company, a corporation.
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Appeal, No. 1, Oct. T., 1917, by plaintiffs, from decree of O. P. Clarion Co., May T., 1915, No. 3, dismissing bill in equity for the forfeiture of an oil and gas lease, in case of D. B. Smith in his own right, and D. B. Smith, Reid Smith, C. B. Smith and Bessie Smith Fleeger, intermarried with Thomas Fleeger, husband and heirs at law of Ella C. Smith, deceased, v. The Peoples Natural Gas. Company, a corporation. Bill in equity to enforce the forfeiture of an oil and gas lease. Before Sloan, P. J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiffs…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The discussion of this case has taken a much wider range than was necessary under the pleadings. The several questions touching the legal effect to be given the contract out of which the contention arises, and the reciprocal rights and obligations of the parties thereunder, all of which were so elaborately discussed, are not in any way involved in the issue presented. The one question in the case is, whether, under the terms of the particular contract we have to consider, and below in part recited,— whether it be a grant, or a lease or an option, — the grant- or…
2Cases cited2 opinions
- Marshall v. Forest Oil Co.Supreme Court of Pennsylvania · 1901
- Oil Creek Railroad v. the Atlantic & Great Western RailroadSupreme Court of Pennsylvania · 1868
3Cited by4 opinions
- Myers v. Ohio-Penn Gas & Oil Co.Supreme Court of Pennsylvania · 1928
- Mason & Hamlin Co. v. Devon Manor SchoolSupreme Court of Pennsylvania · 1922
- Pure Oil Co. v. SturmOhio Court of Appeals · 1930
- Smith, E. v. T.W. Phillips Gas SupplySuperior Court of Pennsylvania · 2016