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OLDHAM v. McROBERTS

21 A.D.2d 231 (1964)

Frank B. Oldham et al., Appellants, and Great Eastern Gas Corporation, Respondent, v. H. Theodore McRoberts, Appellant-Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 21, 1964.

Attorney(s) appearing for the Case

Joslin & Joslin (Norman E. Joslin of counsel), for appellant-respondent.

Gunderman, Barone, Wende & Piazza (Mark N. Turner, Basil R. Piazza and Harry E. Lorenzo of counsel), for appellants and respondent.

WILLIAMS, P. J., BASTOW and NOONAN, JJ., concur.

DEL VECCHIO, J.

On August 21, 1951 the Charleroi Mountain Club of Pennsylvania granted a prospecting option to the Phelps Prospecting Company. The option provided inter alia that Phelps Prospecting was to procure a drilling company to drill for gas on the property of the club; that the club was to receive a one-eighth royalty on all gas produced; that Phelps...

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