Elk Natural Gas Co. v. Ridgway Light & Heat Co.

Citations

• 261 Pa. 295
• 104 A. 546
• 1918 Pa. LEXIS 734

Syllabus

<p>Contracts — Leases—Oil and gas leases — Construction—Intention —Equity—Injunction—Refusal.</p> <p>Where a contract for the sale of gas provided that the vendor should sell to the vendee all the surplus natural gas produced by it in a certain named district and defined such surplus as “all the natural gas which is not desired by the vendor for supply to its customers, except gas used in the drilling of wells in said district,” the vendor was required to sell to the vendee only such gas as it did not desire for sale to its customers, irrespective of their place of residence, and it was not material that the vendor had gas from other sources with which it could have supplied such customers whereby a surplus could have been delivered to the vendee; and in .such case a hill in equity to restrain a diminishing or cutting oif of the supply furnished such vendee by the owner of the wells, who desired the gas for its own customers was properly refused.</p>