Ogden v. Hatry
Pennsylvania Court of Common Pleas, Venango County
No. 223 October term 1891, Sup. Ct.; court below, No. 9 April Term 1891, C. P. On January 28, 1891, an appeal was entered by tbe defendants from tbe judgment of a justice of the peace in favor of Joseph M. Ogden against A. G. Hatry and the Hazelwood Oil Co. On February 9th, the plaintiff filed a statement of claim, with proper averments, to recover one year’s rental on a lease of land for oil purposes, to wit, eighty dollars, due December 11, 1890. The lease contained a…
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No. 223 October term 1891, Sup. Ct.; court below, No. 9 April Term 1891, C. P. On January 28, 1891, an appeal was entered by tbe defendants from tbe judgment of a justice of the peace in favor of Joseph M. Ogden against A. G. Hatry and the Hazelwood Oil Co. On February 9th, the plaintiff filed a statement of claim, with proper averments, to recover one year’s rental on a lease of land for oil purposes, to wit, eighty dollars, due December 11, 1890. The lease contained a forfeiture clause copied into the opinion of this court, infra. On February 20, 1891, the defendants filed an affidavit of…
1Per curiam
We are unable to distinguish this case from Ray v. N. Gas Co., 138 Pa. 576. It is true, the language of the leases differs somewhat, but the difference is more seeming than real. In the case cited, the lease provided that, if the lessee failed to do what he had agreed to do, the lease should “ be null and void, and to remain without effect between the parties.” In the case in hand, the clause relied upon as exempting the lessee from liability is as follows:
“ A failure on the part of the second party to comply with *642the terms of this covenant, by either completing a well within the term…
2Cases cited2 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
3Cited by11 opinions
- Cohn v. ClarkSupreme Court of Oklahoma · 1915
- C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921
- Cochran v. PewSupreme Court of Pennsylvania · 1893
- Leatherman v. OliverSupreme Court of Pennsylvania · 1892
- McKee v. GrimmSupreme Court of Oklahoma · 1916
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