Conger v. National Transportation Co.
Supreme Court of Pennsylvania
Conger v. National Transportation Co., 165 Pa. 561 (Pa. 1895)
30 A. 1038; 1895 Pa. LEXIS 1044
Dean, Fell, Green, Mitchell, Williams
Conger v. National Transportation Co.
Opinion of the Court
The case of Leatherman v. Oliver, 151 Pa. 646, was carefully considered and deliberately decided. The important feature of the covenant in that case was in the same language as is the similar covenant in this. Unless we overrule that judgment we must affirm this. We see no sufficient reasons for so doing and therefore
The judgment is affirmed.
Reference
- Full Case Name
- H. H. Conger v. National Transportation Co.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Oil lease—Failure to drill well—Rent. An oil lease provided that the lessee should complete one well within twelve months, or in default thereof should pay the lessor a certain sum for yearly delay in completing the well until the well should be completed. The lease further provided that “afailure on the part of the second parties to make any of the payments within ten days after the time hereinbefore stated, and in manner provided for, renders this lease null and void, and to remain without effect between the parties hereto, and it can be renewed only by mutual consent, and no right of any action shall, after such failure, accrue to either party, by reason of the breach of any promise or agreement herein contained.” Held that, upon failure to drill the well within twelve months, the lessor was entitled to the stipulated rental for each year of delay. Leatherman v. Oliver, 151 Pa. 616, followed.