2A-108, unconscionability under the Code or Leases, which in Sec. Unconscionability has been defined as contractual overreaching, imposition, oppressiveness or patent unfairness. An unconscionable agreement will not be disturbed where there has been ratification of it with knowledge of all its terms after there is time for adequate consideration. See cases cited in 21 NY Jur 2d, Contracts, Sec.141, page 547. If gas is found in paying quantities and conveyed from the Premises and marketed, the Lessor may have gas from the wells on the Premises not exceeding 200,000 cubic feet per year free of cost, for light and heat on the Premises only, by laying the necessary line and making connection at the Lessor's expense at such point as may be designated by the Lessee, provided said gas is measured by meter as in the case of other consumers. . . .
Plaintiffs claim they are entitled to free gas.
There are no New York cases on this point, but, this Court adopts the rationale in other gas and oil producing jurisdictions that have held that a free gas clause in a pooled lease entitles the Lessor to free gas usage. The Court held that language applicable to all provisions of the lease, including the free gas clause. The Arkansas Supreme Court in a similar case held Lessors were entitled to free gas from the unit well not located on their property. That Court construed the language of the lease against the defendant as an assignee of the drafter. It properly reasoned that, because of the nature of gas deposits, gas was actually being taken from Lessor's property, a fact that is true in this case.