Fanker v. Anderson

Citations

• 173 Pa. 86
• 34 A. 434
• 1896 Pa. LEXIS 663

Syllabus

<p>Lease — Oil and gas lease — Landlord and tenant.</p> <p>An oil lease after providing for the payment of a royalty on the oil produced, further provided that “ if gas is obtained in sufficient quantities and utilized off these premises, the consideration in full to the party of the first part shall be the free use thereof for domestic purposes, and one eighth of the gas sold for each and every gas well drilled on the premises herein described and piped off the same.” The lessees were to have gas in sufficient quantities for the operation of tiie lease. Held, that the lease only gave to the lessor the right to the gas if it was obtained in sufficient quantities, after the lessees had used the gas for the purpose of operating their lease in a reasonable and proper manner.</p> <p>Under the above lease a number of wells were drilled, and oil in paying quantities was found, and also some gas. It was claimed by the lessor that gas had been obtained in sufficient quantities and utilized off the premises to entitle him to receive free use thereof for domestic purposes. He also claimed and introduced evidence tending to show that the lessees sold gas from the wells for the purpose of pumping a well on an adjoining farm. These claims were resisted by the lessees, but there was evidence tending to sustain each of them. Held, that the case was for the jury-</p>