Lewis v. United Natural Gas Co.

Citations

• 75 Pa. Super. 44
• 1920 Pa. Super. LEXIS 220

Syllabus

<p>Practice, G. P. — Actions—Assumpsit—Gas leases — Rentals.</p> <p>Assumpsit lies to recover rent due on a gas lease.</p> <p>Estoppel — Ignorance of facts — Location of well.</p> <p>In such action if it appears that both parties acted in ignorance of the location of the boundary line, that both had the same access to the source of information, that either might have ascertained the facts at an earlier time, and neither did, the defense of estoppel is not available.</p> <p>Gas leases — Gonsiruction—Free gas.</p> <p>Where the lease provides that lessor shall have “gas free of cost to heat three stoves in dwelling house” it was the duty of the lessor to demand the gas and to put himself in a position to receive it at or about the well. Not having done go the lessee is not in default and the lessor is not entitled to recover the value of the gas so to be furnished.</p> <p>Porter and Keller, JJ., dissent.</p>