Ahrns v. Chartiers Valley Gas Co.

Citations

• 188 Pa. 249
• 41 A. 739
• 1898 Pa. LEXIS 603

Syllabus

<p>Oil and gas lease — Forfeiture—Rentals—Assumpsit.</p> <p>An oil and gas lease for a term of twenty years stipulated that the lessee should drill at least two wells on the premises; it also provided that a failure by the lessee to pay the rental specified at the times stated should render the lease null and void. The lessee drilled one well, but never drilled the second one. The gas from the first well was utilized, and paid, for more than two years, when the well was plugged, the easing pulled and the rig taken down. The lessee did not surrender or offer to surrender the written lease or place upon record any paper showing that the recorded lease had been surrendered. Ten years after the last payment of rental the lessor brought an action of assumpsit for rentals under the •lease. Held, (1) that the lessee had no right to abandon the leasehold even if the first well had proved a total failure, as it had expressly contracted to test the farm by drilling two wells; (2) that there was no evidence in the case that the lessor knew or ought to have known that the-lessee ever intended to abandon and surrender its rights under the lease; (3) that, as the action was not in ejectment to enforce a forfeiture, but inassumpsit upon a sealed instrument, the lessor’s right to recover the rentals was not defeated by his delay.</p> <p>Practice, common pleas — Rule of court — Execution of instrument.</p> <p>Where a rule of court provides that the plaintiff shall not be required to prove the execution of an instrument sued upon unless the defendant files an affidavit denying that the instrument was executed by him or by his authority, it is not necessary for the plaintiff, in an action upon an oil and gas lease where the lease is filed of record before the return day, to-prove its execution in the absence of an affidavit denying the execution of the lease by the lessee.</p> <p>In an action against a corporation upon an oil and gas lease where it appears that the defendant took poss