Zeller v. Book

Citations

• 18 Ohio C.C. Dec. 119
• 7 Ohio C.C. (n.s.) 429
• 1905 Ohio Misc. LEXIS 480

Syllabus

<p>GAS AND OIL.</p> <p>Hull, Haynes and Parker, JJ.</p> <p>1. On. Lease to Run as Long as Oil Pound in Paying Quantities will not be Vacated because Terbitoby is Light.</p> <p>An oil lease conditioned to run five years from the date thereof, or as long as oil or gas should he found in paying quantities, will not be vacated by a court of equity on the ground that the territory is so light as not to warrant the sinking of more wells.</p> <p>3. Lessee in such Case is Sole Judge of Question of Profitableness of Oil Lease.</p> <p>The fact that it is questionable whether oil wells on land held under a lease operative only so long as oil or gas should be found in paying quantities will ever yield a reasonable profit on the investment, is not sufficient . ground for vacating the lease; the lessee is the sole judge on this question, and as long as he can make a profit therefrom, he will be permitted to do so.</p> <p>:3. The Mere Pact that Oil Lessee has not Operated Wells for some Time is not Ground for Vacating Lease.</p> <p>The mere fact that a lessee, under an oil lease conditioned to run as long as it is a profitable investment, has failed to operate the wells for some time, will not be ground for vacating such lease, where such lessee shows good and sufficient reason why it has been impracticable for him so to do.</p> <p>[Syllabus approved by the court.]</p>