Chambers v. Smith
Supreme Court of Pennsylvania
Chambers v. Smith, 183 Pa. 122 (Pa. 1897)
38 A. 522; 1897 Pa. LEXIS 723
Cueiám, Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams
Chambers v. Smith
Opinion of the Court
The only question presented by the assignments of error is: Whether the court erred in entering judgment against the defendant for want of a sufficient affidavit of defense?
We find nothing in the record that would have warranted the court in sending the case to.a jury. On the contrary, its action in sustaining the motion for judgment is amply vindicated in the opinion sent up with tire record; and on that opinion, the judgment is affirmed.
Reference
- Full Case Name
- Robert Chambers v. Charles A. Smith
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Oil and gas lease — Mines and mining. In an action to recover a bonus under an oil and gas lease it appeared that prior to the execution of the lease the lessor had conveyed the coal under his land to a corporation, reserving to himself in the deed the right to drill three wells for oil and gas through the coal. After the execution of this deed, but before the execution of the lease, the lessor conveyed portions of the surface of his land to various other persons, without reserving to himself any right to drill wells upon the portions of the land so conveyed. The defendant, lessee, filed an affidavit of defense in which he averred that the corporation had denied the right of the lessor and his lessees to drill wells for oil and gas, and that under threat of suit defendant had agreed to pay the corporation a certain amount for each well, and that subsequently the corporation had obtained an injunction restraining the drilling of any wells upon the lots conveyed to others. Reid, that the affidavit of defense was insufficient to prevent judgment.