Double v. Union Heat & Light Co.

Citations

• 172 Pa. 388
• 37 W.N.C. 389
• 33 A. 694
• 1896 Pa. LEXIS 787

Syllabus

<p>[Marked to be reported.]</p> <p>Lease — Oil and gas lease — Landlord and tenant — Termination of lease —Notice.</p> <p>If a tenant wishes to avail himself of a privilege which he possesses of terminating the lease by his own act, he must do it before he has entered upon another year of his term.</p> <p>An oil and gas lease was to terminate by its own limitation two years from its date; after that the lease was to continue “ as much longer as oil and gas is found in paying quantities therein .... and should any well produce gas in sufficient quantities to justify marketing, the lessor shall be paid at the rate of two hundred dollars per year for such well so long as the gas therefrom is sold.” Held, that after the rental clause became operative by the finding of gas in paying quantities, the lessee could not terminate without giving notice to the lessor of his intention to do so.</p> <p>The mere cessation of the use of gas from the well did not terminate the lease of its own force and relieve the lessee from any duty to the lessor.</p>