Penn Gas Coal Co. v. Greensboro Gas Co.

Citations

• 238 Pa. 97
• 85 A. 1093
• 1913 Pa. LEXIS 930

Syllabus

<p>Equity — Specific performance — Contracts—Gas well — Mines and mining.</p> <p>1. A bill in equity praying for the literal performance of a contract is an appeal to the sound discretion of the court.</p> <p>2. Where the defendant in an equity suit has substantially performed the contract involved, and in good faith has attempted to fulfil it in every particular, specific performance of an immaterial matter will not be decreed where such decree would inflict undue hardship on the defendant without advantage to the plaintiff.</p> <p>3. Where an agreement between a coal company and a gas company provides that the latter in drilling a gas well through the former’s coal seam should fill in the space between the outer and inner casings with liquid cement, and it appears that the enforcement of such provision would not benefit the coal company and would cause great loss to the gas company, a court of equity will not enjoin the completion of the well until the space between the casings is filled with the liquid cement.</p>