Superior Court of Pennsylvania· 9/20/2013

McCausland v. Wagner

Citations

78 A.3d 1093
2013 Pa. Super. 256
2013 WL 5296824
2013 Pa. Super. LEXIS 2675

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that “the non-breaching party is relieved from any obligation to perform” only “[i]f a breach constitutes a material failure of performance”
stating that “[r]oyalty-based leases are to be construed in a manner designed to promote the full and diligent development of the leasehold for the mutual benefit of both parties.”
concluding that a lessor in an oil and gas lease was entitled to enforce a forfeiture clause in the lease based on the lessee’s breach by failure to pay royalties and notwithstanding a settlement agreement between the lessor and lessee regarding the amount of the royalties
applying Lord to a civil case and finding waiver for failure to raise issue in concise statement
stating that it would “impede[ ] logic” for the oil and gas industry to develop a lease “that allows a lessor to declare a forfeiture for failure to make a royalty payment after a well has been completed and oil or gas is being produced”
“When performance of a duty under a contract is due, any nonperformance is a breach.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lazarus, Musmanno, Shogan

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.