WINGERT v. T.W. PHILLIPS GAS & OIL CO.


398 Pa. 100 (1959)

Wingert, Appellant, v. T.W. Phillips Gas & Oil Company.

Supreme Court of Pennsylvania.

Reargued March 18, 1959.

Reargued September 30, 1959.

December 31, 1959.


Attorney(s) appearing for the Case

Luther C. Braham, with him Darrell L. Gregg, Richard B. Kirkpatrick, Norman D. Jaffe, and Galbreath, Braham, Gregg, Kirkpatrick & Jaffe, and Whitsett & Lee, for appellants.

John L. Wilson, with him Rolland L. Ehrman, and W. Albert Ramey, for appellee.

Before JONES, C.J., BELL, JONES, COHEN, BOK and McBRIDE, JJ.


OPINION BY MR. JUSTICE McBRIDE, December 31, 1959:

This is an appeal from a final decree in equity. It arises out of a dispute involving a lease of property for the purpose of drilling and production of oil and gas.

William Wingert gave a lease for oil and gas on January 25, 1917 to T.W. Phillips, Jr., on 30 acres of a 46 acre tract owned by him. This lease was to exist for "the term of twenty years and as long thereafter as oil or gas is produced in paying...

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