The Pacific Reporter Volume 135 (Paperback)


This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ...value in that field of a gas well of approximate capacity. The reviewing court modified the decree and allowed the plaintiff the sum of $16,730.21; that being the aliquot part of the gross product of the 60 wells. In the opinion it was said: "Having taken no step by which it can account for the property of plaintiff, it must submit to every inconvenience in ascertaining that compensation and all reasonable doubts which arise in that accounting. Wetherbee v. Green, 22 Mich. 311, 7 Am. Rep. 653. The reasonable market value of a gas well does not, under the peculiar circumstances, compensate plaintiff. That would be to give it only the value of gas in the ground. That might be adequate but for the fact that plaintiff had its own pipe line, and could therefore market gas from this well with little addition to the cost of conducting its business. This well is also shown to have been a larger producer than the average well In this field. It also appears that all of the wells contributing to defendant's, pipe line did not contribute during the entire life of this well, and, further, that the appellant was obliged to buy gas of appellee to meet Its own requirements. In view of all the facts, we conclude that an aliquot'part of the gross product of 60 wells will not be an unjust compensation. Cooley on Torts, 53; Sutherland on Damages, 101; Moore v. Bowman, 47 N. H. 494, 500." We think the trial court was right in holding that the plaintiff cannot be charged with the burden of paying any part of the large sums expended in the purchase of the stocks and securities of the underlying companies, in sinking funds to redeem bonds Issued in payment of the original cost of the construction of the pipe lines, or for drilling new wells for the defendant, and, ...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ...value in that field of a gas well of approximate capacity. The reviewing court modified the decree and allowed the plaintiff the sum of $16,730.21; that being the aliquot part of the gross product of the 60 wells. In the opinion it was said: "Having taken no step by which it can account for the property of plaintiff, it must submit to every inconvenience in ascertaining that compensation and all reasonable doubts which arise in that accounting. Wetherbee v. Green, 22 Mich. 311, 7 Am. Rep. 653. The reasonable market value of a gas well does not, under the peculiar circumstances, compensate plaintiff. That would be to give it only the value of gas in the ground. That might be adequate but for the fact that plaintiff had its own pipe line, and could therefore market gas from this well with little addition to the cost of conducting its business. This well is also shown to have been a larger producer than the average well In this field. It also appears that all of the wells contributing to defendant's, pipe line did not contribute during the entire life of this well, and, further, that the appellant was obliged to buy gas of appellee to meet Its own requirements. In view of all the facts, we conclude that an aliquot'part of the gross product of 60 wells will not be an unjust compensation. Cooley on Torts, 53; Sutherland on Damages, 101; Moore v. Bowman, 47 N. H. 494, 500." We think the trial court was right in holding that the plaintiff cannot be charged with the burden of paying any part of the large sums expended in the purchase of the stocks and securities of the underlying companies, in sinking funds to redeem bonds Issued in payment of the original cost of the construction of the pipe lines, or for drilling new wells for the defendant, and, ...

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Product Details

General

Imprint

Rarebooksclub.com

Country of origin

United States

Release date

May 2014

Availability

Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.

First published

May 2014

Authors

Dimensions

246 x 189 x 56mm (L x W x T)

Format

Paperback - Trade

Pages

1136

ISBN-13

978-1-231-12822-0

Barcode

9781231128220

Categories

LSN

1-231-12822-4



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