Rolshouse v. Wally

Citations

• 272 Pa. 506
• 116 A. 474
• 1922 Pa. LEXIS 856

Syllabus

<p>Equity — Equity practice — Pleading—Scope of decree — Accounting — Partnership—Oil lease — Amendment.</p> <p>1. Where a bill in equity prays for an accounting of profits in the operation of an oil lease particularly described, and the court finds that a partnership existed between plaintiff and defendants not only as to such lease, but also as to an adjoining lease, an accounting will only be directed as to the lease mentioned in the bill, inasmuch as the decree must conform to the pleadings.</p> <p>2. In such case after a master has been appointed to adjust the rights of the parties, an amendment of the bill will not be allowed, so as to include in the accounting the operations on the adjoining lease.</p> <p>3. Even if there had been no adjudication of the matters to be included in the accounting, the court could not amend its decree so as to embrace additional transactions, for there was nothing in the pleadings which justified its broadening.</p> <p>Partnership — Compensation of partners for services.</p> <p>4. Compensation of partners for personal services will not be • allowed, where there is no provision for such in the partnership articles.</p>