Reports of Cases Decided in the Court of Appeals of the State of New York Volume 122
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...v. Searles, 3 Sandf. Ch. 6d6; Drry v. Molins, 6 Ves. 327; Ilutton v. Warner, 1 M. & W. 400; 1 Taylor's L. & T. 420, 421; Earl of Shrewsbury v. Gmild, 2 B. & Aid. 487; Webb v. Plummer, Id. 740; A'ocA'a Appeal, 93 Peim. St. 434, 442; Brainerd v. Arnold, 27 Conn. 617; Sft/y v. Wright. 21 Beav. 150; Southoomb v. Bishop of Kxeter, 6 Hare, 213.) The construction hy the referee of the clause providing for the commencement and prosecution of operations was correct, (Sfosson v. Beadle, 7 Johns. 72; Gray v. Crosby, 18 id. 219; 1). M. Co. v. Roeher, 106 K Y. 473; Long. Bowring, 33 Beav. 585; P. Im. Co. v. C. Ins. Co., 87 K Y. 400; Dodge v. St. John, 96 id. 260; Crocker v. Crocker, 5 Hun, 587; Cronkhite v. Cronkhite, 94 K Y. 323; Ketchum v. Newman, 3 N. Y. S. R. 506; Jamison v. Mlllcman, 3 Duer, 255; Wiueman, v. Lncksinger, 84 IT. Y. 31; Picket v. Dowdall, 2 Wash. 100; Awn. v. Tanner, 66 Penn. St. 297.) This suit is in substance an action for a specific performance, and the principles of equity applicable to 6uch an action require a dismissal of the complaint. (Benedict v. Lynch, 1 Johns. Ch. 370; 2 Pars, on Cont. 340; Wheeler v. C. M. Ins. Co., 82 K Y. 543; Klein v. N. Y. L. Ins. Co., 104 U. S. 88.) Jitifus Scott for respondents. The true construction of this lease is, that the lessees were to have " the exclusive right to dig, mine and bore for and gather all oil or (and) gases found in and upon said premises" for twelve years. If, at the end Opinion-of the Court, per Follett, Ch. J. of that period, oil was being found in paying quantities, that right was to continue "as long as oil is found in paying quantities." (6 Johns. 54; 1 Wend. 389; 19 K Y. 364; 24 id. 463; 34 id. 172; 22 Wkly. Dig....
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