Stoddard v. Emery

Citations

• 128 Pa. 436
• 18 A. 339
• 1889 Pa. LEXIS 804

Syllabus

<p>1. When a parol agreement changing or adding to a previously executed contract under seal, in this instance an oil-lease, is subsequently made, the whole becomes parol, and the remedy for a breach is assumpsit, and not covenant: Yicary v. Moore, 2 W. 451.</p> <p>2. If the parties to a demise of lands for oil and gas purposes have provided therein, by express terms, how many wells shall be put down, no implication can be raised that any greater number are to be drilled in accordance with a custom for the most effective operations.</p> <p>3. Where the reversion of lands demised for oil and gas purposes has been sold by the lessor, no action will lie in the name of the lessor, for the use of his vendee, for a breach of covenants by the lessee, where no breach had occurred before the sale of the reversion.</p>