Riddle v. Mellon

Citations

• 147 Pa. 30
• 23 A. 241
• 1892 Pa. LEXIS 780

Syllabus

<p>Oil and gas lease — Trespass—Estoppel.</p> <p>An oil and gas lease was made for the term of “ one year and as long as oil or gas is found in paying quantities.” The lessee drilled a well during the year, but failed to develop oil or gas in paying quantities. The lessor brought trespass against the lessee, for entering to prosecute further drilling, several months after the year expired; Held:</p> <p>Under the testimony, as presented at the trial, that the jury were properly instructed that, if the lessor, after the expiration of the year and before the alleged trespass, encouraged and allowed the expenditure of money and labor in operations on the lease, on the basis of its continuance, he would be estopped from asserting that it was then at an end.</p>