Wesley L. POMPOSINI, Appellee, v. T.W. PHILLIPS GAS AND OIL COMPANY, T.W. Phillips Gas and Oil Co., a Pennsylvania corporation, and B.D. Phillips, Jr., Appellants. Wesley L. POMPOSINI, Appellant, v. T.W. PHILLIPS GAS AND OIL COMPANY, T.W. Phillips Gas and Oil Co., a Pennsylvania corporation, and B.D. Phillips, Jr., Appellees, 397 Pa. Super. 564

Summary

Appellant lessor acquired land encumbered by a lease for the sole purpose of drilling and operating for oil and gas. Upon learning that the well was being used for storage purposes, he filed suit against appellee lessee, seeking compensatory and punitive damages for alleged unauthorized and fraudulent use of the well for the storage of gas. On appeal, the court first found that appellant's failure to demand a jury trial constituted a waiver of the right thereto under Pa. R. Civ. P. 1007.1. The court agreed with appellee president that the trial court erred by imposing liability on him. One who dealt with a corporation, knowing it to be such, could not enforce an individual liability against the officers or agents who acted for the corporation. Appellee lessee's unauthorized use of appellant's land for the storage of gas was attributable to a bona fide misinterpretation of the lease agreement, and was not an act of intentional fraud or trespass. Therefore, punitive damages were not ...