McClane v. Peoples Light & Heat Co.

Citations

• 178 Pa. 424
• 35 A. 812
• 1896 Pa. LEXIS 1187

Syllabus

<p>Lease — Oil andgas lease — Evidence—Question for jury.</p> <p>In an action to recover rentals under an oil and gas lease, the defendant claimed that the plaintiff had reduced the rental in consideration of the defendant continuing to operate the well'. Plaintiff admitted that he had offered to reduce the .rental $50.00 per annum, and no more, but that this offer was rejected. He denied that he had agreed in any general way to reduce the rental, but admitted that he had said he would rather reduce the rental than have the well pulled. Held, (1) that as this raised a disputed question of fact, as to which the testimony was all verbal, it was for the jury to determine from the conflicting testimony whether there had been an agreement to reduce the rental; (2) that a judgment and verdict for the plaintiff for the full amount of the rental provided by the lease would not be disturbed by the Supreme Court.</p>