Douthett v. Fort Pitt Gas Co.

Citations

• 202 Pa. 416
• 51 A. 981
• 1902 Pa. LEXIS 534

Syllabus

<p>Oil and gas lease — Construction—Parol evidence.</p> <p>Where a contract provided that a well sunk in oil and gas land should under certain conditions be operated as an oil well and belong to one of the parties, and if oil should not be found, the other party should drill deeper into another strata, the oral evidence of experts and practical producers of oil and gas in the oil and gas belts is admissible, not to change, modify or contradict the writing, but to show the surroundings of the parties at the time the contract was made, and thus aid the court in the interpretation of the written agreement.</p> <p>In such a case it is proper to show that in the region in which the land was situated oil was found in a particular strata of sand, and if not found there was not likely to be found at all, and that when the well reached this strata it was proper to have the well tested by “shooting,” unless it was made to appear that such treatment would seriously jeopardize the further drilling of the well in case oil was not found, and it was necessary to drill to a lower strata. If the court finds from such evidence that a test by “ shooting” was proper under the circumstances, the appellate court will not reverse the finding.</p>