Cleminger v. Baden Gas Co.

Citations

• 159 Pa. 16
• 28 A. 293
• 1893 Pa. LEXIS 1471

Syllabus

<p>Oil lease — Covenants—Forfeiture.</p> <p>Where an oil lease contains a covenant on the part of the lessee “ to commence operations on the aforementioned premises, or forfeit this lease within sixty days, and to complete a well on this lease in five months,” the lessor may forfeit the lease after the expiration of five months if a well-has not been completed within that time.</p> <p>Waiver — Evidence—Oil lease.</p> <p>In the above case there was a delay in starting operations within sixty days. The lessee desiring to assign the lease had a conversation with the lessor as to the delay. The result of this conversation he stated to be as follows: “ The conclusion was that Mr. Phillips (the lessor) acquiesced in the delay and acknowledged the lease on the assurance that there would be a well put down.” Held, that there was no waiver of the right to have a well completed within five months.</p>