Jackson v. O'Hara
Supreme Court of Pennsylvania
Jackson v. O'Hara, 183 Pa. 233 (Pa. 1897)
38 A. 624; 1897 Pa. LEXIS 746
Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams
Jackson v. O'Hara
Opinion of the Court
This appeal is from the judgment entered by the court below against the defendant for want of a sufficient affidavit of defense. For reasons given by the court we think there was no error in “holding that the facts set forth in the defendants’ affidavit of defense ” do not constitute a defense to the plaintiff’s cause of
The judgment is affirmed for reasons given in the opinion of .the court below.
Reference
- Full Case Name
- Jane W. Jackson v. C. K. O'Hara and The Ohio Valley-Gas Company, a Corporation
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Oil and gas lease — Rentals—Joint liability — Assignment of portion of lease. In an oil and gas lease the lessee covenanted “ to commence operations and complete one well within one month and, in case of failure to complete one well within such time, to thereafter pay as rental to the party of the first part for such delay the sum of fifty dollars per month.” The lessor agreed “ to accept such sum as full consideration, liquidation and payment of all damages for any delays until one well shall be completed, and a failure to complete such well or to make any such payments within such time and at such place above mentioned renders this lease absolutely null and void, and no longer binding on either party, and will revest the estate herein granted in the lessor and release the lessee from all his covenants herein contained, he having the option to drill said well or not, or pay said rental or not, as he may elect.” The lessee assigned a one half interest in the lease. No well was ever completed or commenced. The assignee of the one half interest in the lease paid the rental for three months, but then ceased, and ho more was paid. In an action for the rental against the lessee and the assignee of the one half interest, the defendants filed an affidavit of defense in which they averred that (1) the lessees had an option to sink a well or pay the monthly rental, or to do neither, and by refusing to do either, the lease was at an end; and (2) there was no joint liability of the defendants. Held, that the affidavit of defense was insufficient to prevent judgment.