Jamestown & Franklin R. R. v. Egbert

Citations

• 152 Pa. 53
• 25 A. 151
• 1892 Pa. LEXIS 1168

Syllabus

<p>Oil lease — Forfeiture—Construction—Word “ retained.”</p> <p>An oil lease covering several tracts of' land provided for the drilling and operating of a well upon each tract, a failure so to do to forfeit the lease upon such tracts as were not operated upon. A failure to comply with any of the conditions of the lease rendered it void at the option of the lessor. In the event any piece of land failed to yield the lessor a certain royalty, the lessee agreed to pay a certain rental upon each such piece of land retained by the lessee. Held, that the word “ retained ” referred to the right to operate for oil on the premises, and this right continued until the lessee made a formal surrender of the lease.</p> <p>Surrender of lease — Authority of agent — Solicitor—Abandonment,</p> <p>An offer to show that the solicitor of a company had control of its legal business is not sufficient proof of his authority to accept surrender of a lease, or abandonment of the premises.</p>