Patterson v. Hausbeck

Citations

• 8 Pa. Super. 36
• 1898 Pa. Super. LEXIS 7

Syllabus

<p>Oil and gas lease — Independent covenants — Lessees’ right to remove property on abandonment.</p> <p>A lessee who has acquired leasehold rights in oil and gas lands for the purpose of drilling and operating for oil, has the right to remove his property from the leased premises under an express covenant to that effect irrespective of any controversy as to whether there is a legal right to abandon the lease by reason of an alleged failure on the part of the lessee to complete the work of development and operating.</p> <p>This provision is an independent covenant and maybe enforced without reference to the other parts of the agreement. For any default under the contract the lessee must be pursued through appropriate legal action; his property cannot be taken or arbitrarily held.</p> <p>Evidence — Admission in affidavit of correctness of copy filed — Rules of 'court.</p> <p>Under the rules of court of Allegheny county an admission of the execution of the lease, “ a copy of which is attached to plaintiff’s statement,” is conclusive as to the correctness of the copy filed, and the admission in evidence of this specific copy is entirely proper.</p>