161 Pa. 53 | Pa. | 1894
Opinion by
We think the evidence in this case is insufficient to sustain a verdict against the defendants. They were sued as joint debtors and under the instructions of the learned court below were held liable as partners on a purchase by one of them of a boiler which he used in drilling a well upon property they owned as tenants in common. The following facts are admitted, or established by un contradicted evidence : In the summer of 1891, W. P. Black, being the owner of an oil lease, sold to Jeremiah Miller one tenth, to Lewis Sands one tenth, to Lee Phillips one tenth and to Edward Fried two tenths of his interest therein. It was agreed between him and his vendees that he should furnish the necessary appliances and drill a well on the leased premises, and that Fried should pay to him two tenths of the expense incurred in drilling it, and each of the others should pay to him one tenth thereof. In accordance with this agreement the well was drilled and each vendee paid his proportion of the cost of it.
It appears that Sands and Phillips were joint and equal owners of a boiler which they sold to Black, and that it was to be paid for by a credit to each of them of one half the price of it, on his share of the expenses. Black used it in drilling a considerable portion of the well and then bought a boiler of the plaintiff which he used in completing it. Neither of his vendees authorized this purchase, nor did they know of it until some time after he left the state without paying his debts. It was then that the plaintiff set up the claim that she sold the boiler to the owners of the leasehold and that they were jointly liable to her for the price of it. It appears that the boiler is charged in her book of original entries to “ W. P. Black and
We think it is clear that W. P. Black and his vendees were tenants in common of the leasehold, and that the agreement under which he drilled the well did not create a partnership inter se or a joint liability. It is quite evident that it was not the intention of the parties to become partners in the work to which their agreement was limited. It is probable that Black and his vendees believed, or at least entertained a hope, that the work contracted for would demonstrate that the leasehold was good oil property, but the latter did not consent to be jointly bound to the former, his employees, or material men, for all or any portion of the price of it, nor did their agreement include anything more than the drilling of the well. We have then a case in which one co-tenant improves or tests the common property under an agreement with each of the other co-tenants to pay his share of the expenses incurred in making the improvement or test. Thus the promise of each co-tenant created a distinct and individual liability which was measured by his interest in the leasehold. This liability was not affected by the mere fact that oil was obtained and run in the pipe line to the credit of each co-tenant in the proportion above stated, because (1) the operation of the well was not included in the agreement under which it was constructed, and (2) a division of the product between tenants in common does not make them partners, although they may have contributed labor or money to raise it: Lindley on Partnership, 18, 52, 53; 17 Am. & Eng. Ency. of Law, p. 853 ; Brown v. Jacquette, 94 Pa. 113, and Tupper v. Walker, 152 Pa. 1. Mr. Lindley, on page 53 of his treatise, says that “ persons who join in the purchase of goods, not for the purpose of selling them again but for the purpose of dividing the goods themselves, are not partners and are not
While the facts in this case are not precisely like those in Tupper v. Walker, supra, the principles which control it are the same, and the specifications of error are accordingly sustained.
Judgment reversed.