Smith v. Munhall

Citations

• 139 Pa. 253
• 21 A. 735
• 1891 Pa. LEXIS 983

Syllabus

<p>(a) Plaintiff assigned to Munhall. certain leaseholds for oil and gas production, in consideration that “ if the said Munhall, or assignees, operate ” thereon, “ on each of said leases he so operates, and if oil is found in paying quantities, the said Munhall, or assignees,” shall pay to plaintiff $100 “for the lease upon which a paying well is found: ”</p> <p>1. The plaintiff’s statement of claim in assumpsit, averring that defendant Munhall did not operate on any of said-leaseholds, but surrendered the leases to the landowners and took new leases in his own name, which he thereupon sold to innocent purchasers, showed no cause of action to recover the stipulated payments, and no breach of the contract sued upon.</p>