McKinley ex rel. Orr v. Peters
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2. of Allegheny county: Of October and November Term, 1885, No. 166. Assumpsit by A. J. McKinley for the use of James L. Orr against John R. Peters and Chester B. Lawrence to recover for a breach of promise on part of the defendants to lease McKinley, who afterwards assigned his interest to Orr, the right to mine coal from a tract of land held by the defendants as tenants in common.
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Error to the Court of Common Pleas No. 2. of Allegheny county: Of October and November Term, 1885, No. 166. Assumpsit by A. J. McKinley for the use of James L. Orr against John R. Peters and Chester B. Lawrence to recover for a breach of promise on part of the defendants to lease McKinley, who afterwards assigned his interest to Orr, the right to mine coal from a tract of land held by the defendants as tenants in common. The form of the action was originally covenant by Orr against Peters and Lawrence. The court permitted the form of the action to be amended to assumpsit, and the plaintiff to…
1Opinion of the Court
The opinion of the Court was filed January 4th, 1886.
Per. Curiam.
The defendants, as tenants in common, owned the land on which the coal was mined. This fact, however, of itself, did not authorize Peters to enter into an agreement which would bind his co-tenant to sell to the plaintiff the unmined coal on the land. Peters had no authority either written or verbal from Lawrence to make the agreement in question. Not only did Peters 'make the agreement in the absence of authority from Lawrence, but the latter refused to sign it and never ratified it by receiving any portion of the royalty paid…
2Cited by10 opinions
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- Bernstein v. ColletrisSuperior Court of Pennsylvania · 1930
- Lichtenfels v. Bridgeview Coal Co.Supreme Court of Pennsylvania · 1985
- Stein v. McGinleySuperior Court of Pennsylvania · 1936
- Wally v. JonesSupreme Court of Pennsylvania · 1922
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