Enterprise Oil v. National Transit Co.

Citations

• 172 Pa. 421
• 33 A. 687
• 1896 Pa. LEXIS 793

Syllabus

<p>Tenants in common — Liability to account — Action—Assumpsit.</p> <p>Assumpsit can only be maintained by one cotenant against another on an express promise to pay rent, or to account. In the absence of an express promise of a liquidated sum, all a cotenant is obliged to account for is a share of the profits.</p> <p>Lease — Oil and gas lease — Assumpsit—Ootenants.</p> <p>Several cotenants of an oil lease assigned the lease to an operator who was to deliver to them apart of the product. One of the joint owners did not join in the assignment, and notified the assignee not to deliver any oil to his cotenants. Held (1) that the party not joining in the assignment was not entitled to his share of the oil without proving that his cotenants had received more than their share; (2) that if he chose to affirm it, he must take his share with the others upon a distribution of the royalty after deducting all proper charges and expenses; (3) that if he did not affirm the lease, he had no claim to any share in the royalty, and could only look to the lessee as a cotenant who had not acquired his title.</p>