Legal Opinion

Wettengel v. Gormley

Supreme Court of Pennsylvania

Decided January 3, 1898No. Appeals, Nos. 185 and 186PublishedCited by 18 opinions

Appeals, Nos. 185 and 186, Oct. T., 1897, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1895, Nos. 80 and 81, on bill in equity. Bill in equity for an account. . The facts appear by the opinion of White, J., which was as follows: The cases were heard on bills, answer and testimony, the same questions, and tried together. STATEMENT.

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Appeals, Nos. 185 and 186, Oct. T., 1897, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1895, Nos. 80 and 81, on bill in equity. Bill in equity for an account. . The facts appear by the opinion of White, J., which was as follows: The cases were heard on bills, answer and testimony, the same questions, and tried together. STATEMENT. James Gormley, the father of these parties, made a lease, dated July 14, 1888, to J. A. Tomlinson, which, by successive assignments, became vested in the parties who drilled the wells hereinafter mentioned. The lease was for the exclusive right…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

These cases depend upon the same question. The parties were before us on tliat question in 1893, and the ease is reported in 160 Pa. 559. It is frankly conceded by counsel for defendants that if the rule laid down in that case is to be adhered to it rules these. In deference to the decided views of the learned judge of the court below, and the earnest request of counsel, we have listened to what is substantially a rearguinent of Wettengel v. Gormley, 160 Pa. 559, and have undertaken to reexamine the reasons on which our decision in that case rests. The facts…

2Cases cited1 opinion

  1. Wettengel v. GormleySupreme Court of Pennsylvania · 1894

3Cited by18 opinions

  1. Japhet v. McRaeTexas Commission of Appeals · 1925
  2. Fairbanks v. WarrumIndiana Court of Appeals · 1914
  3. Denver Joint Stock Land Bank of Denver v. DixonWyoming Supreme Court · 1942
  4. Kimbley v. LuckeySupreme Court of Oklahoma · 1919
  5. McIntire's Administrator v. BondCourt of Appeals of Kentucky (pre-1976) · 1929

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