Reilly v. Crown Petroleum Co.

Citations

• 213 Pa. 595
• 63 A. 253
• 1906 Pa. LEXIS 541

Syllabus

<p>Actions — Mesne profits- — Action for, after recovery in ejectment — Trespass —Assumpsit—Oil and gas lease.</p> <p>A plaintiff who by ejectment has recovered possession of land cannot maintain an action of assumpsit for the value of oil mined upon the land by the defendant while in possession. Trespass for mesne profits is' the appropriate remedy.</p> <p>Assumpsit cannot be sustained unless there is an express contract, or the facts are such that the law will imply a contract.</p>