McClaren v. Citizens' Oil & Gas Co.

Citations

• 14 Pa. Super. 167
• 1900 Pa. Super. LEXIS 31

Syllabus

<p>Oil and gas lease — Liability of assignees.</p> <p>The liability of an assignee of an oil and gas lease for the rents and royalties which accrue to the lessor, is founded in privity of estate. He takes the lease with notice of its covenants and is liable for all breaches thereof which occur while he holds title but is not liable for such as happen after he ceases to be privy to the estate of the lessee. Each successive assignee is liable for covenants maturing while the title is held by him.</p> <p>Oil and gas lease — Privity of estate — Beneficial interest.</p> <p>When the assignee of a leasehold estate executes a lease of the premises, reserving a larger rent or containing covenants more advantageous to the lessor than those found in the original leasehold, he reserves to himself a benefit derived under the original lease and his privity of estate is thus continued.</p> <p>Oil and gas lease — Actions for royalty — Privity of estate. °</p> <p>A landlord may sue any person or firm, who may be liable under the law, for the entire rental. He is not bound to sever his action, nor to bring it in such a form as to further the convenience of one who had attempted to make a profit for himself out of the estate by creating a new estate upon essentially different conditions.</p>