Tucker v. Fertig

Citations

• 275 Pa. 351

Syllabus

<p>Lease — Oil lease — Description of lands — Doubtful meaning— Evidence — Extraneous circumstances.</p> <p>1. Whether an agreement relating to the operation of a gasoline plant on land covered by an oil lease, and pro-rating the proceeds thereof according to the number of wells on “adjoining farms connected on line,” applies to tracts of land separated by a public highway, is doubtful, and dependent on the circumstances under which the words are used.</p> <p>2. In determining whether the words applied to operations only in connection with leases then existing or others after-acquired on lands separated from the former by a highway, the courts will consider the contract in view of the circumstances existing at the time of the execution, the necessities for which the parties naturally provided, the advantages each probably sought to secure and the relation of the properties in regard to which they negotiated.</p> <p>3. Under these circumstances, the contract did not apply to land separated by a public highway.</p>