Dunham v. Loverock

Citations

• 158 Pa. 197
• 27 A. 990
• 1893 Pa. LEXIS 1567

Syllabus

<p>Tenants in common — Partnership—Dealings—Presumption— Oil lease.</p> <p>Tenants in common may become partners, like other persons, where they agree to assume that relation towards each other; but the law will not create the relation for them as the consequence of a course of conduct and dealing naturally referable to the relation already existing between them, which makes such a course of conduct to their common advantage.</p> <p>An agreement between two tenants in common of an oil lease to drill an additional well on the leasehold at the common cost of the eotenants will not as between themselves create a partnership. In the absence of a distinct agreement between them that their relations to the property and to each other should be changed, the presumption is that the old relation continued, and that they treated with each other as owners of separate interests in an undivided lease.</p>