Walker v. Tupper
Supreme Court of Pennsylvania
Appeal, No. 117, Oct. T., 1892, by defendants, B. S. Tupper et al., from judgment of O. P. Washington Co., Feb. T., 1892, No. 97, on verdict for plaintiff, W. W. Walker. Assumpsit for drilling oil well. At the trial, before McIlvaine, P J., it appeared that on July 23, 1889, Kuntz leased to George W. Reed a tract of land adjoining the borough of Washington, containing twenty acres more or less, for the purpose of oil and gas development.
Read the full summary
Appeal, No. 117, Oct. T., 1892, by defendants, B. S. Tupper et al., from judgment of O. P. Washington Co., Feb. T., 1892, No. 97, on verdict for plaintiff, W. W. Walker. Assumpsit for drilling oil well. At the trial, before McIlvaine, P J., it appeared that on July 23, 1889, Kuntz leased to George W. Reed a tract of land adjoining the borough of Washington, containing twenty acres more or less, for the purpose of oil and gas development. On Aug. 2, Reed assigned to A. M. Todd an undivided one fourth interest in the lease. On Aug. 3, Reed and Todd assigned to B. S. Tupper and A. G. Hatry an…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The fundamental question is whether the agreement between the four defendants made them partners as to the matter of plaintiff’s claim.
No general definition of partnership has yet been given which applies without qualification to all the infinite variety of business arrangements in this commercial age, but an essential element universally conceded is participation in profits as such. Even this does not necessarily create partnership. In Heckert v. Fagely, 6 W. & S. 139, it was said by Huston, J., “ the general rule that all who share in profits are liable as…
2Cases cited5 opinions
- Jones v. ShawhanSupreme Court of Pennsylvania · 1842
- Edwards v. TracySupreme Court of Pennsylvania · 1870
- Heckert v. FegelySupreme Court of Pennsylvania · 1843
- Brown v. JaquetteSupreme Court of Pennsylvania · 1880
- Seltzer v. ColemanSupreme Court of Pennsylvania · 1859
3Cited by11 opinions
- Neill v. ShamburgSupreme Court of Pennsylvania · 1893
- Rosenblatt v. WeinmanSupreme Court of Pennsylvania · 1909
- Smith v. MachesneySupreme Court of Pennsylvania · 1913
- Taylor v. FriedSupreme Court of Pennsylvania · 1894
- G. Wessels & Co. v. E. Weiss & Co.Supreme Court of Pennsylvania · 1895
6 more not listed; retrieve them via the Exa API.