| JOHN SZYMANOWSKI AND MICHAEL A. WHEELING, INDIVIDUALLY AND ON BEHALF OF BSW vs. ROBERT H. BRACE AND BCD PROPERTIES, INC. No. 1703 WDA 2008 2009 PA Super 218 Atlantic: n/a Filed: 11/13/2009 | |
| Appeal from the Order entered October 9, 2007 In the Court of Common Pleas of Erie County Civil Division at No. 10478-05 | |
| Before: BENDER, BOWES AND CLELAND, JJ. | |
| Opinion by: CLELAND, J. | |
| Appellants John Szymanowski and Michael A. Wheeling (Szymanowski/Wheeling) appeal the trial court’s order granting summary judgment in favor of Appellees Robert H. Brace (Brace) and BCD Properties, Inc. (BCD). The parties formed a partnership known as BSW to drill two gas wells in Erie County on leaseholds previously acquired by and still titled to Brace. The parties dispute whether their partnership encompasses two later developed gas wells not mentioned in their partnership agreement but drilled on the same leasehold titled to Brace and on which one of the partnership’s own wells was located. For reasons that follow, we affirm. | |
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