Cassell v. Crothers

Supreme Court of Pennsylvania October 30, 1899

Cassell v. Crothers, 193 Pa. 359 (Pa. 1899)

44 A. 446; 1899 Pa. LEXIS 1128

Cubiam, Dean, Fell, Green, McCollum, Mitchell, Sterrett

Opinion of the Court

Pee Cubiam,

All the material facts of this case are clearly presented in the findings and opinions of the court below, to whose decision the case was submitted by the parties.

Our consideration of the record has led us to the conclusion that there is no substantial error therein, and therefore neither of the specifications of error should be sustained.

The questions involved have been sufficiently noticed by the learned trial judge, and on his opinion the judgment is affirmed.

Reference

Full Case Name: Cecelia Cassell v. W. B. Crothers
Cited By: 45 cases
Status: Published
Syllabus: Lease—Oil and gas lease—Tenancy at will—Termination of lease. In an oil lease for a fixed period and “ as long thereafter as oil is found in paying quantities,” where the lessor’s compensation is one eighth of the oil produced, the tenancy as to the surface of the land, after the expiration of the fixed period, and after the fact that oil is not being found and produced in paying quantities becomes susceptible of proof, is a tenancy in the nature of a tenancy at will, and if not actually terminated by mutual consent, or continued by mutual consent in order that further exploration be made, may be terminated by either party. Lease—Oil and gas lease—Termination of lease. Where a lessor terminales an oil and gas lease and takes possession of the premises and of certain personal property claimed by the lessee, the latter cannot maintain an ejectment to obtain possession of the premises in order to remove the personal property, but the court will direct judgment in the ejeoLment in favor of the lessor wilhoul prejudice to the lessee’s right to maintain an action against the lessor for taking and appro- . printing the personal property of the lessee.