Fennell v. Guffey

Citations

• 139 Pa. 341
• 20 A. 1048
• 1891 Pa. LEXIS 999

Syllabus

<p>1. Covenants to pay rent or royalty run with the land; and the assignee of a lease of land for oil and gas production is liable to the lessor for the payment of all rents or royalties which accrue while he holds an assignment of the lease.</p> <p>(a) A lease of oil lands required the lessee to complete a well within six months from its date, and, on a failure so to do, to pay to the lessor “ for such delay, the sum of $231 per annum, within three months after the time for completing such well.”</p> <p>(Z>) No well was completed; and, about eight months from its date, the lease was assigned to a third person, who continued to hold it but never began operations under it. Subsequently, the lessor brought assump-sit for four annual payments of $231 each:</p> <p>2. In such ease, the first annual payment had not accrued, nor was there a breach of the covenant to pay it, until after the assignment; and, inasmuch as the instalments sued for all accrued while the defendant held the assignment, all were recoverable.*</p>