Owens v. Gas Co.

Citations

• 232 Pa. 522
• 81 A. 547
• 1911 Pa. LEXIS 755

Syllabus

<p>Lease — Oil lease — Reservation—Written instrument — Specific averment of violation — Equity.</p> <p>1. Certain land was let to defendant for oil development under a written lease, which described the property as follows: “All that tract of land situate in the Township of Kiskiminetas, County of Armstrong, Pennsylvania, bounded North by lands of Apollo Borough and Public Road; East by lands of William McKinstry et al.; South by lands of William McKinstry et al.; West by lands of Apollo Borough et al.; being all of said farm with the exception of 50 acres, being the northwestern portion thereof, containing one hundred and fifty-three acres, more or less.” Under this lease defendant proceeded to drill a well in the southwestern portion of the tract, which operation the owner sought to enjoin, alleging that the well was within the fifty acres excepted from the demised land. Held, that the written instrument plainly by the ordinary rules of construction excepts the northwestern fifty acres, inasmuch as the phrase “being in the northwestern portion thereof,” refers to its immediate antecedent, the excepted “ 50 acres.”</p> <p>2. Where in such a case the lease also contains the provision “All wells must be located at point satisfactory to both parties,” but the only violation of the lease, or dissatisfaction averred in the bill manifestly refers to the wrongful drilling of a well “upon the tract . . . . reserved .... under the lease,” an indefinite, unexplained and perhaps arbitrary dissatisfaction, not specifically averred in the bill, cannot be relied upon to convict a chancellor of error in refusing an injunction.</p>