McRoberts v. Phelps

Opinion by

Mr. Justice Benjamin E. Jones,

This appeal presents a dispute between two groups —one allegedly a joint venture, the other a corporation — over the ownership of an “override” royalty 1 payable from the production of gas from several wells located in Elk County.

F. B. Oldham and J. E. Phelps met in Philadelphia in April, 1951 and discussed the possibility of jointly engaging in an enterprise to secure leases upon lands in Pennsylvania for the purpose of drilling thereon for gas and oil. This discussion led to the formulation of the following plan: (1) a search would be made by them for…