252 Pa. 26 | Pa. | 1916
Opinion by
The plaintiffs’ predecessors in title conveyed in 1896 to' one T. N. Barnsdall the exclusive right to mine for and produce petroleum and natural gas from, and the exclusive possession of, so much of sixty-three acres of the land described as might be necessary therefor. This lease — for such it was — was assigned to the Parker & Edwards Oil Company some time prior to 1911. On 18th April, 1911, the plaintiffs then being the owners of the premises, conveyed to the oil company, its successors and assigns, all their right, title, claim and interest in and to all the casing head or waste gas produced and saved from wells that had been drilled upon and were
The following offer was made on the part of the plaintiffs:
“I offer to show by this witness, that before this agreement, Exhibit B, was signed by the above heirs, he took the matter of the execution of this agreement up with the representatives of the Parker & Edwards Oil Company, and was assured, as counsel for the above heirs and their representatives in this behalf, that the purpose of this agreement was to enable them to use the casing
Several witnesses called on behalf of the defendants were permitted to testify on the ground that they were experienced and familiar with the methods of production of head gas and the manufacture of gasoline therefrom. Some of these were allowed, under objection, to express their opinion as to what would be included under such grant as is the subject of contention here; others were permitted to testify to a prevailing custom to regard such lease as embracing and including the rights which are here contended for on the part of the defendants. The opinions expressed by these witnesses, however well informed the witnesses might be with respect to the correct method of operating plants such as the
Evidence was introduced by plaintiffs to show that defendants were employing the plant they were operating to extract gasoline from oil piped there from property adjoining plaintiffs and belonging to another. The chancellor held that the point here suggested was irrelevant because not raised by the pleading. To this we cannot agree. Under the pleading the plaintiffs were entitled to show how and in what manner the plant was being used. It would be for the court to say whether using it in the way attempted to be shown by this wit