Noble v. Western Pennsylvania Natural Gas Co.

Citations

• 255 Pa. 512
• 100 A. 480
• 1917 Pa. LEXIS 483

Syllabus

<p>Oil and gas lease — Royalties—Measurement by meter — Failure to provide for pressure measurement — Custom — Pressure gauge —Discovery—Accounting—Bill in equity.</p> <p>Where an oil and gas lease provides for the payment of rental by royalties to be based on the gas marketed, the amount to be measured by meter, but is silent as to the pressure at which the measurements are to be made, a bill in equity for a discovery as to the readings of lessee’s pressure gauge affixed to the pipe near • the meter, and for an accounting, will be dismissed where plaintiff’s contention that there was a custom that measurements be made at a certain pressure was not supported by evidence, where it appeared that the almost universal practice was to stipulate in the lease the pressure at which the gas was to be measured and that such stipulations varied; and where it was admitted that during the negotiations for the making of the lease nothing was said on the subject of pressure by the parties.</p>