Heinouer v. Jones

Citations

• 159 Pa. 228
• 28 A. 228
• 1893 Pa. LEXIS 1499

Syllabus

<p>Oil lease — Forfeiture—Tenants in common — Minors.</p> <p>In an action to recover rent on an oil lease, accruing by reason of the failure to complete a well within the time specified in the lease, if there is evidence that the lessor, after a monthly installment was due and unpaid, declared that the lease was forfeited and subsequently refused to accept the rent, the question of forfeiture must be submitted to the jury.</p> <p>Where the lessors are tenants in common and some of them minors, whether or not one tenant in common can. bind the others who are minors by a forfeiture depends upon whether he was in a position to speak for them, and whether or not his action was for their best interest. Wilson v. Goldstein, 152 Pa. 524, followed.</p>