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McROBERTS v. PHELPS

391 Pa. 591 (1958)

McRoberts v. Phelps, Appellant.

Supreme Court of Pennsylvania.

January 16, 1958.

Attorney(s) appearing for the Case

George I. Bloom, with him William S. Yard, Frank C. Roney, Alexander Cooper and Bloom, Bloom & Yard, for appellant, Great Eastern Gas Corporation.

Thomas Lewis Jones, with him W. Denning Stewart and Dale Cleland, for appellees.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, January 16, 1958:

This appeal presents a dispute between two groups — one allegedly a joint venture, the other a corporation — over the ownership of an "override" royalty1 payable from the production of gas from several wells located in Elk County.

F.B. Oldham and J.E. Phelps met in Philadelphia in April, 1951 and discussed the possibility of jointly engaging in an enterprise...

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