46 A.D. 436 | N.Y. App. Div. | 1899
The land in controversy comprised a cultivated, cleared farm, but its value at the time of this agreement was enhanced by., reason of the prospect- of discovering petroleum underneath its surface. The plaintiffs leased for speculation ; if oil was found in paying quantities the venture would be profitable. If they failed in this •hazardous experiment, their lease would be valueless, and the. outlay incurred in the development a loss. The quantity of the land was not the inducing motive for the lease; but the belief, that it was within the “ oil belt,” and the probability that it contained petroleum, inspired the investment by the plaintiffs. •
There is no'claim that the defendant made any iraudulent representations in respect to the quantity of the land. The contention is that the defendant stated there were either forty-seven, and one-half or fifty-two and one-half acres, and that plaintiffs relied, upon that statement.
Before the instrument was executed the plaintiffs went upon the land; they were .experienced in the oil business and"familiar with the locality. The boundaries of the defendant’s farm were clearly defined; one side by a creek, on another-by a highway, on the other two sides by a farm, one of which was indicated by a fence and the remaining one by stakes. The elder Coast went around these boundaries ; they were visible to any one. Plaintiffs concede they were honestly ppinted out to them before the lease was made.' The'elder Coast testified: 111 think we went up the Chipmunk road far enough, so that McCaffery showed me where the line of the Soutli Penn lease crossed the road. I don’t know but what McCaffery 1 pointed out stakes driven at that point. That was the only line on that lease that was not plainly marked. On the other three sides it was bounded by the creek, by Barney and Charlie McOaffery’s line with a fence on it, and by the highway, and he indicated where the stakes of the South Penn field was. * * * All of it level, so it could be plainly seen. I guess I got under that lease all of the land included within the boundaries. * * * ' I think I walked over this land more than this once with McCaffery, but don’t know whether I went over the land with anybody else or not. On the day following the day I went over it with McCaffery I went down there with my son William. I think that day William, Charlie
Again, there was no lease by the acre; as the elder Coast stated: McCaffery said he wanted $10,000 for that piece. I don’t think he ever told me he wanted $200 an acre for the piece.”
The defendant denies there were any representations whatever as to the quantity of the land. It is a fair deduction, however, from the evidence, that each party supposed there were about fifty acres •of land, yet there was no statement that this was the quantity. On the contrary, the evidence shows unmistakably that the plaintiffs leased the tract and the piece within those limits and paid a gross sum for it. This is confirmed by the fact that even while the negotiations were in progress the plaintiffs were having this land, with other tracts, surveyed, and within ten days after the execution •of the lease knew there were only thirty-four .acres obtained from the defendant. They were on this land daily, the defendant resided upon it, their relations were friendly, and' yet there was no ■intimation there had been any mistake committed or any representations made in respect to the quantity of the land until six months later. It was not until after the test for oil had been made, and, ■perhaps, failed to "meet the sanguine expectations which induced the ■purchase, that the objection was raised that the tract did "not contain the requisite number of acres.
Courts are chary in reforming written contracts. " The doctrine is thus stated in Pomeroy’s Equity Jurisprudence (Vol. 2 [2d ed.], § 859): “ The authorities all require that the parol evidence of the
. In this case the title to the fee still remained in the defendant, and the plaintiffs only .obtained a servient' interest for the speculative purpose of boring for oil, and the probability of realizing onv that hope fixed the value, not the quantity of the land. While - the. value was fictitious and shifting the proof shows that the land did temporarily possess this augmented worth for oil purposes.. The
The judgment is affirmed, with costs.
All concurred.
Judgment affirmed, with costs.;