McArthur v. Tionesta Gas Co.

Citations

• 28 Pa. Super. 568
• 1905 Pa. Super. LEXIS 247

Syllabus

<p>Lease — Oil and gas lease — Instructions—Royalties.</p> <p>An oil and gas lease provided as follows: “The party of the first part is to receive the one-eighth (£) part of all the oil, gas or other minerals obtained therefrom, to be delivered to the party of the first part in the pipe line upon the premises.” This was all printed except the words “one-eighth” and the fraction and the words “in the pipe line,” which were written. Further along in the lease was the following, all in writing: “Should gas be found in well or wells sunk on said demised premises, and should gas be taken off said premises and sold for compensation by said lessees, the said lessee shall pay to the said lessor $50.00 per annum for a gas pressure of 125 pounds to the square inch, and for each 125 pounds additional pressure an additional sum of $50.00 per annum.” Held, that the court below committed no error in holding that the quoted clauses of the lease were in conflict, and that the last clause furnished the rule for compensating the lessor for all gas produced from the leased premises.</p>