Phillips v. Vandergrift

Citations

• 146 Pa. 357
• 23 A. 347
• 1892 Pa. LEXIS 1229

Syllabus

<p>(a) The lessee in an oil lease covenanted to complete a well in a time certain, or in default thereof to pay the lessor for further delay a certain yearly rental, thereafter: “ and a failure to complete such well or pay said rental, shall render this lease null and void, and not to be revived without the consent of both parties hereto: ”</p> <p>1. An action for rental was within the rule of Wills v. N. Gas Co., 130 Pa. 222, and Ray v. N. Gas Co., 138 Pa. 576, that such 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: See Jones v. N. Gas Co., ante, 204; Ogden v. Hatry, 145 Pa. 640</p>