Casinghead Gas Co. v. Osborn

Citations

• 269 Pa. 395
• 112 A. 469
• 1921 Pa. LEXIS 574

Syllabus

<p>Appeals — Equity—Preliminary injunction — Dissolution of injunction — Error of law — Practice, equity — Oil and gas lease — Forfeiture — Failure to pay rent — Protection of lessor.</p> <p>1. On appeal from decree dissolving preliminary injunction, the established practice is to determine whether, on the facts as disclosed by the record, an injunction should have been granted, and to withhold any expression of opinion on the merits until after the final hearing and decree.</p> <p>2. Where on such appeal it appears, from the facts as presented by the record, that the court below based its action on a funda-, mental error of law, the propriety of the decision is squarely raised, and may be disposed of without infringement of the governing rule.</p> <p>3. Where the court below dissolves a preliminary injunction in violation of the rule that a provision in an oil and gas lease rendering the lease void for failure to pay rent as stipulated, is for the protection of the lessor, the appellate court will reverse the decree, and direct that the injunction be reinstated.</p>