Eaton v. Allegany Gas Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fifth" judicial department, made October 22,1886, which reversed a judgment in favor of defendant entered upon the report of a referee, and granted a new trial.
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Appeal from an order of the General Term of the Supreme Court in the fifth" judicial department, made October 22,1886, which reversed a judgment in favor of defendant entered upon the report of a referee, and granted a new trial. Since 1880, Ilarvey C. Foster has been the OAvner in fee of the land described in the written contract entered into under seal by him with Walter A. Wilcox, Amos D. Wheeler and William T. Eaton, dated April 27, 1881, and acknowledged May 9, 1881, the material parts of which are as follows: “Agreement made this 27 th day of April, 1881,- between Harvey O. Foster,…
1Opinion of the Court
Follett, Ch. J.
It is conceded that the parties of the second part to the contract dated April 27, 1881, performed their covenants in respect to the time in which they should commence operations for mining purposes, and that they sank the well to the required depth within the time limited.
Whether the lease (so called for convenience) created c term • for twelve years, or whether the term granted is limited to the time during which oil should be produced in paying quantities, is the question upon which the decision of this case turns.
This contract is called a lease, but it should be borne in…
2Cited by19 opinions
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- Brookshire Oil Co. v. Casmalia Ranch Oil & Dev. Co.California Supreme Court · 1909
- Hall v. AugurCalifornia Court of Appeal · 1927
- Fall Creek School Township v. ShumanIndiana Court of Appeals · 1913
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