Ogden v. Hatry

Citations

• 145 Pa. 640
• 23 A. 334
• 1892 Pa. LEXIS 773

Syllabus

<p>(a) A covenant in an oil-lease provided that a failure of the lessee to perform “by either completing a-well within the term aforesaid, or paying said rental, shall render this lease and agreement null and void, . . . and all rights.....of any and all parties hereunder, shall thereupon .....be extinguished, .... as if this agreement had never been made.”</p> <p>1. An action for rental was within the rule of Wills v. N- Gas Co., 130 Pa. 222; Ray v. N. Gas Co., 138 Pa. 576, that such a covenant was for the benefit of the lessor, and the lessee, by his own act and default, could not relieve himself from a liability already incurred. The clauses after the words “null and void” added more verbiage, but no more force.</p>