GIROLAMI ET AL. v. PEOPLES NAT. GAS. CO

Landlord and tenant — Gas and oil leases — Termination — Abandonment — Evidence.

In a proceeding in equity to cancel a gas and oil lease, in which it appeared that the lease contained no provision for its automatic termination in the event of the failure of the lessee to drill or to pay the delayed rental, nor made express reservation of the power of forfeiture, it was Held that (1) the lease was subject to rescission only upon clear proof of its abandonment by the lessee; (2) in the absence of such intent, the case was not one of abandonment, however remiss the lessee may have been in the performance of its obligations; and (3) the evidence did not establish any intention of lessee to relinquish its rights.

OPINION PER CURIAM, November 13, 1950:

The judgment is affirmed on the opinion of President Judge CARR.