Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-02-07
WANTS UNPAID RENT.
AN IMPORTANT SUIT BROUGHT By DR..
CAMPBELL AGAINST AN OIL LBASBR.
A Case That Will be Of Interest to Many Persons in
This Section Of the Stats-Ol Men Look
Eagerly for the Result
snecIsl Telegram to the Register.

Special Telegram to the Register.
PARKERsBURa, February GA very
important suit will be brought in the Cir
cult Court Of Peasants county at the next
term CT court before Judge Borensn by
DR.. D. NJ, Campbell, Of this city, through
his attorney, V. B. Archer. 1t is suit
which will interest every man IN this part
of the State wha bas rented his land for oil
tests. and the result OF the suit will be of
great importance in securing for land own
ers their rights against oil operators who
do not live up TO the contracts made in
their leases.
Oa the 23i of April, 1887, T. N. Barns
dale, a large oil producer of PennsS lvanis,
leased from DR.. NJ. Campbell his farm OF
about 270 acres in Plessants county fer
the purpose OF makirg an oil test thereon,
and agreed to put down a test we'll within
six months, and TO begin operations within
sixty days. II he failed to begin opera
tioas within sixty days be was to
pay DR.. Campbell S25 per month until the
test we'll should be commenced. The lesse
co ntaius the usual clause inserted in Penn
sylVsnia oil leases.
THAT failure to complete one we'll or
to make such payments at such place as
above mentioned renders this lesse null
and void and 10 remain without effect be-
tween the parties thereto"
Mr.. Barnsdale, acting presumably under
the impression that he could himself for
felt the ltase without any effort to develop
the territory, not only failed to put down
the test we'll but hae also failed to pay any
part of the rent stipulated in the lease.
As stated above papers are now being
prepared for the recovery Of the unpaid
rtnt.
A similar case was adjudicated on Nc
yember II, 1889, by the Supreme Court Of
PennsJ lvaria in the case of Wills v. Man
ufacturers' Natural Gas Company, wherein
it was decided that:
Under lease providing that breach Of
covenents by the lessee shall work sn abso-
luts forfeiture of this grant or lease, and
the privileges or easements hereby given
shall absolutely cease, determine and be-
come null and void the lessee cannot ter
inmate the lease by breach Of covenant and
the lessor msy or may not terminate IL on
such breach, at his pleasure"
DR.. Campbell's lease ia said TO be SINH
lar in all respects TO the lease construed in
this clause by the Supreme Court of Penn
sylvsnis ard il is claimed that he is enti
tied to $25 per month after the expiration
OF go days after the lease until such tes'
well is put down in accordance with the
contract.
The great importance Of this suit lies in
the fact that perhaps seventy five per cent
of this part of the State ia cover, d with oil
leases nearly sll of which are cOunterpsrts
Of the lease given by DR.. Campbell.
Mr.. Archer is OF the opinion that oil
who have executed these leaGes are entitled
to recover whatever rent is mentioned in
the lelses, and that If the leases are en-
forced the lessee will be compelled 70 test
the territory or make a compromise con-
tract with The lessor by which he can be
legally released from the obligation OF bis
contract