Silsby v. Knauff

Citations

• 54 Pa. Super. 466
• 1913 Pa. Super. LEXIS 87

Syllabus

<p>Lease — Oil and gas lease — Test of well.</p> <p>1. Where an oil lease provides that the lessor shall “pay the half of the drilling expenses of the first well, providing said first well does not produce five barrels of oil per day after thoroughly tested,” the lessor will not be liable unless the lessee drills the first well to a proper depth to reasonably test the land for oil in accordance with the knowledge of experienced oil men as to the territory in the vicinity at the time the test is made.</p> <p>2. The words “thoroughly tested” as used in the lease mean more than simply drilling a well to any depth that the lessee elects, and then testing that well. The lessor was entitled to have the well drilled into all the oil-producing sands underlying his land in accordance with knowledge of experienced oil men.</p>