Reports of Cases Argued And Determined in Ohio ..., volume 16; volume 19
Reports of Cases Argued And Determined in Ohio ..., volume 16; volume 19
William John Tossell, Ohio Legal News
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It is not claimed that any consideration was paid for this extension of time, if there was any extension of time. It is not claimed that any- thing was paid, but simply that Titus said that he would pay it at a future day, or something of that kind ; and Titus denies that.. He says that he had a talk, but no such talk as Evans recites as having occurred. He says that he did not have any talk with Winn and did not go to the phone, and did not talk with him; Winn, of course, could not say whether... Titus was at the other end of the phone or not. He says that he talked with someone. He does claim to be able to recognize Titus' voice, I believe, having talked with him but once on the premises where this gas well is located. It is claimed that this lease did not become void on the nonpayment of the rental, because the forfeiture was not declared. And that prob- ably would be the rule in an ordinary forfeiture of a lease ; but I think a different rule obtains in relation to a gas lease and an oil lease; and that grows out of the fugitive nature of oil and gas ; they are here today and there tomorrow; they are transitory, or migratory in their nature.
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