Aiken v. Zahn

Citations

• 23 Pa. Super. 411
• 1903 Pa. Super. LEXIS 85

Syllabus

<p>Contract — Privity of estate — Oil lease — Confusion of goods.</p> <p>The term privity denotes mutual or successive relationship to the same rights of property. Privity of estate is not created by the receipt of a part of the product of the estate. An interest in the estate itself is necessary to create such privity. •</p> <p>Where a lessee under a gas lease mingles the gas from the demised premises with the gas of other persons so as to constitute a confusion of goods, and he is compelled to pay and account to such other persons for the value of the whole mass of gas, the lessor is in no such privity with such other persons as will enable him to collect from them the royalty on the gas which was mingled with theirs.</p>