Laughner v. Wally

Citations

• 269 Pa. 5
• 112 A. 105
• 1920 Pa. LEXIS 744

Syllabus

<p>Tenants in common — Operation of oil well — Removal of material by one of associates — Actions—Assumpsit—Parties—Partnership —Trial on merits — Waiver of defects.</p> <p>1. Where three tenants in common operate an oil well, but not as partners, and one of them removes material from an abandoned well, under circumstances showing that he was a purchaser, assumpsit may be maintained against him for the value of such material.</p> <p>2. If his name is joined as a party plaintiff with his two associates in the action against himself, the insertion, even if a misjoinder, is waived by the parties going to trial upon the merits.</p> <p>Appeals — Assignments of error — Charge—Reduction of charge to writing — General exceptions.</p> <p>3. Where no request has been made in the .court below that the charge be reduced to writing and filed of record, assignments of error relating to the charge cannot be considered on appeal.</p> <p>4. Where nothing but a general exception has been taken to a charge, only basic and fundamental errors can be considered.</p>