Bucher v. Plymouth Oil & Gas Co.
Bucher v. Plymouth Oil & Gas Co.
Opinion of the Court
In the common pleas court the plaintiff brought her action for damages against the lessee oil and gas company, basing her claim upon the violation of an implied covenant upon the part of the lessee, requiring it to drill off-set wells for the protection of her lines from the drainage of oil and gas. At the close of the testimony, on motion of the defendant, the court directed a verdict in its behalf and entered judgment accordingly. This judgment was affirmed by the court of appeals, whereupon error was prosecuted to this court.
The essential elements and quantum of proof required in such cases are set forth in Ohio Fuel Supply Co. v. Shilling, 101 Ohio St., 106, where the main issue of fact to be determined is stated as follows: “Was there productive gas, of sufficient quantity to warrant operations, under the lands of the lessor, and was the same drained into the wells on adjoining lands by reason of the failure of the lessee to drill wells for the protection of the lessor’s lines'?”
The second cause of action was based upon an express covenant contained in the lease, providing “that first party [plaintiff] is to have free gas for house on farm, but first party must pipe the gas
For the reasons stated, the judgment of the court of appeals is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Bucher v. The Plymouth Oil & Gas Company
- Status
- Published
- Syllabus
- Oil and gas — Leases—Damages—Failure to drill off-set toells— Directed verdict — Proof of existence of minerals — Free gas for lessee’s house.