DocketNumber: Appeal, No. 216
Citation Numbers: 22 Pa. Super. 324
Judges: Beaver, Orlady, Porter, Rice
Filed Date: 3/12/1903
Status: Precedential
Modified Date: 2/18/2022
Opinion by
The plaintiff seeks to recover, under the covenants of an oil and gas lease, rental for seventeen months after the definite term created by the agreement had expired. The lease was for the term of nine months from November 6,1897, and contained a covenant that it should remain in force “ so long as oil is found in paying quantities, providing all conditions are complied with.” The consideration for the grant was the sum of $10.00 paid in cash. The lessees covenanted to go upon the ground and fully complete one well within nine months from the date of the agreement; and further, which is the clause upon which plaintiff bases her right to recover: “ In cáse a well is not drilled and completed within nine months, then second parties are to pay the first parties $25.00 per month until this lease is surrendered or oil is found in paying quantities.” This agreement created an estate for a definite term, which could only be enlarged by the discovery of oil in paying quantities within the definite period. The defendants never entered upon the ground, did nothing under the agreement, and there were no further dealings or negotiations between the parties relating to the premises. Had the lessees commenced operations under the agreement and the parties so dealt with the subject-matter as to render it inequitable to require a suspension of operations at the end of the definite term, the covenant of the lessees to pay $25.00 per month until the lease was surrendered might have had some meaning. There was in this case nothing of that nature. The estate created by the lease and all its incidents
The judgment is affirmed.