Highfield Co. v. Kirk

Citations

• 248 Pa. 19
• 93 A. 815
• 1915 Pa. LEXIS 505

Syllabus

<p>Lease — Oil and gas leases — Partial exploration — Abandonment— Bill in equity.</p> <p>1. Where the lessee under an oil and gas lease drilled one well and for a period of sixteen years thereafter failed to explore the premises further, and had no intention of drilling any additional wells, in a proceeding in equity to require the lessee to develop or abandon the premises, the court properly decreed that the defendants had abandoned their interest in the demised premises, except such curtilage as was necessary to operate the one well.</p> <p>2. It is an implied condition of every lease of land for the production of oil therefrom that when the existence of oil in paying quantities is made apparent the lessee shall put down as many wells as may be reasonably necessary to secure the oil for the common advantage of both lessor and lessee.'</p>