The Law Relating to Oil and Gas Volume 1; Including Oil and Gas Leases and Contracts, Production of Oil and Gas, Both Natural and Artificial, and Supplying Heat and Light Thereby, Whether by Private Corporations or Municipalities, Regulating Gas Companies, Ins (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. 1918 Excerpt: ...86 N. Y. 638; affirming 21 Hun 26; Huggins v. Daley, 99 Fed. Rep. 606; 40 C. C. A. 12; 48 L. R. A. 320; Guffey v. Hukill, 34 W. Va. 49; 11 S. E. Rep. 754; Kenton Gas, etc., Co. v. Dorney, 17 Ohio Cir. Ct. Rep. 101; 9 Ohio Cir. Dec. 604; Conkling v. Krandusky, 127 N. Y. App. 567; 112 N. Y. Supp. 13; Wade y. South Penn. Oil Co., 45 W. Va. 380; 32 S. B. 169; Edwards v. Hale, 37 W. Va. 163; 16 S. E. 587; Carnegie Nat. Gas Co. v. Philadelphia Co., 158 Pa. 317; 27 Atl. 95; payment of the rent due, where the forfeiture is for that reason, is not necessary before executing the second lease.95 Not in every instance, however, will the execution of a second lease be equivalent to a re-entry nor to a declaration of a forfeiture. Thus giving a second lease subject to the first one is not a reentry nor a declaration of a forfeiture.97 And where the second lease is silent on the subject of the forfeiture of the first lease, oral evidence is admissible to show it was not the intention of the lessor to declare a forfeiture of such first lease.98 And if there has been a waiver of the time or manner of payment of the rent specified in the first lease, the execution of a second lease because of a failure to make payment in the manner and at the time required by such first lease will not be sufficient to complete its forfeiture.99 Where a lease has not only been forfeited but also abandoned by the lessee, and he has given up all hope of developing the lands, the execution of a second lease by the lessor, "subject to" the first lease, will not be construed as a recognition of the validity of such first lease.100 Where a first lease had expired, and also a second one given to a third person, and the lessee under the first lease took possession with the lessor's consent, ...