Christie v. Blakeley

Citations

• 2 Monag. 118
• 15 A. 874
• 1888 Pa. LEXIS 805

Syllabus

<p>In an action of ejectment by a lessee against his lessor, it appeared that an oil lease was executed on part of a tract of land, with a covenant to commence operations within sixty days, or pay forfeit money at specified times, or work a forfeiture of the lease ; shortly afterwards another lease was executed on the balance of the land, with a covenant to commence operations within a certain time from the completion of a well on the tract covered by the first lease. Subsequently, but within the sixty days, the lessor took the lease and withheld it from the lessee, claiming that it had been procured fraudulently. The lessee failed to perform the covenants of the first lease. The court charged that, if the second lease was fraudulently procured, there could be no recovery, and that the act of the lessor in taking the lease did not release or excuse the lessee from the performance of his part of the contract, and his failure to do so, within the time fixed, was a forfeiture of the first lease, and that the second lease fell with it. Held, on judgment for defendant, that the proceedings should be affirmed.</p>