Tucker v. Fertig
Supreme Court of Pennsylvania
Appeal, No. 87, Oct. T., 1922, by defendants, from decree of O. P. Forest Go., Sept. T., 1920, No. 1, on bill in equity, in case of Morris W. Tucker v. Samuel O. Fertig et' al., .copartners doing business under the firm name of National Oil Co. Bill in equity for injunction and accounting. Before Lindsey, P. J. The opinion of the Supreme Court states the facts. Decree for plaintiff. Defendant appealed. Error assigned, inter alia, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
In 1895 plaintiff leased land known as the “Tucker Farm” for oil and gas purposes to O. W. Proper, who subsequently assigned his rights to defendants. The lease, however, contained no provision for utilization of casing-head gas obtainable from the premises. To authorize such use, plaintiff, in 1913, entered into an agreement with defendants reciting the desire of the parties to utilize this gas in the manufacture of gasoline and providing that plaintiff should receive from the sum realized the value of “one-eighth of all gasoline sold off the property, after…
2Cases cited2 opinions
- Lacy v. GreenSupreme Court of Pennsylvania · 1877
- Republic Trust Co. v. HughesSupreme Court of Pennsylvania · 1918
3Cited by6 opinions
- Easton Theatres, Inc. v. Wells Fargo Land & Mortgage Co.Superior Court of Pennsylvania · 1979
- Jacquard Knitting MacHine Co. v. VennellCourt of Appeals for the Third Circuit · 1932
- Baseman v. Shell Union Oil Corp.Superior Court of Pennsylvania · 1939
- Rigby v. Great Atlantic & Pacific Tea Co.Superior Court of Pennsylvania · 1939
- Easton Theaters v. WELLS FARGO, ETC.Superior Court of Pennsylvania · 1979
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