Laughner v. Wally
Supreme Court of Pennsylvania
Appeal, No. 105, Oct. T., 1920, by defendant, from judgment of O. P. Allegheny Co., April T., 1918, No. 151, on verdict for plaintiffs, in case of Elmer E. Laughner, P. L. Wally and Guiliano Lordo, doing business as Laughner, Wally & Co., v. P. L. Wally. Assumpsit for value of material removed from oil well. Before Carpenter, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiffs for $2,440.05. Defendant appealed.
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Appeal, No. 105, Oct. T., 1920, by defendant, from judgment of O. P. Allegheny Co., April T., 1918, No. 151, on verdict for plaintiffs, in case of Elmer E. Laughner, P. L. Wally and Guiliano Lordo, doing business as Laughner, Wally & Co., v. P. L. Wally. Assumpsit for value of material removed from oil well. Before Carpenter, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiffs for $2,440.05. Defendant appealed. Errors assigned were (1) refusal of binding instructions for defendant; (3) refusal of defendant’s motion for judgment n. o. v. (4-6) portions of…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is an action of assumpsit by an association against one of its members to recover the value of property taken by him. In 1914 Elmer E. Laughner and P. L. Wally jointly purchased an oil lease on a seven-acre tract of land, known as the Barr farm at Walker’s Mills, Allegheny County. Wally sold a part of his interest to Guiliano Lordo and the three acted under the name of Laughner, Wally & Co. They drilled well No. 1, which was a success and later No. 2, which was a failure. Laughner was treasurer of the association; all moneys were paid to him and they divided…
2Cases cited14 opinions
- Sikorski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Dunham v. LoverockSupreme Court of Pennsylvania · 1893
- Butler Savings Bank v. OsborneSupreme Court of Pennsylvania · 1893
- Kline v. Jacobs & WifeSupreme Court of Pennsylvania · 1871
- Neill v. ShamburgSupreme Court of Pennsylvania · 1893
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3Cited by7 opinions
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- Bell v. JohnstonSupreme Court of Pennsylvania · 1924
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Quinlan & Robertson, Inc. v. RundleSupreme Court of Pennsylvania · 1922
- Stitt v. FeltonSuperior Court of Pennsylvania · 1939
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