Poterie Gas Co. v. Poterie

Citations

• 179 Pa. 68
• 36 A. 232
• 1897 Pa. LEXIS 604

Syllabus

<p>Oil lease — Forfeiture—Equity.</p> <p>■ On a bill in equity by a lessee under an oil and gas lease to restrain the lessor from interfering with the leasehold premises, it appeared that the lessor had forcibly taken possession of the premises, severed the pipes, and diverted the gas, alleging as a ground therefor that the lease was forfeited. By injunction the lessee was reinstated. A master was appointed who found that there had been no default by the lessee, and recommended that the injunction should be made perpetual. The master also recommended that the lessor should be ordered to pay to the lessee a specified sum, as compensation for the gas diverted during the time the lessor was in possession. The decree thus recommended was entered by the court •* without prejudice to the rights of the lessor to compel the lessee to account'to him for his share of the earnings of the gas well.” Held, that the decree was without error.</p>