Opinion

South Penn Oil Co. v. Snodgrass

  • 71 W. Va. 438
  • 76 S.E. 961
  • 1912 W. Va. LEXIS 174
Court
West Virginia Supreme Court
Filed
Dec 10, 1912
Status
Published
Author
Robinson
On the bench
Poeeenbarger, Robinson
Cited by
58 cases

“The tests of duty and right are diligence and good faith in almost all cases when the terms, read in the light of the conditions and circumstances, will permit their observance.”

How later courts described this case

  • “The tests of duty and right are diligence and good faith in almost all cases when the terms, read in the light of the conditions and circumstances, will permit their observance.”

Written by the judges who cited it.

The opinion

Robinson, Judge,

(dissenting) :

This decision makes the contract between the parties to be other than that which they must have contemplated when the lease was executed. To my mind, the extension of the lease beyond its term-of ten years is justified by neither reason nor authority. It is not sound doctrine that an oil lease may be extended beyond its terms by the production of a mere smell of oil, or by the t pumping of salt water. In reason, both from the character and purposes of the lease as well as from its terms, the parties thereto can not be said to have meant any such thing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.