West Virginia Record

Tuesday, December 10, 2019

P.G. Oil denies claims of unjust enrichment in dispute over lease title


By Kyla Asbury | Sep 12, 2019

Natural gas 01

WEST UNION – P.G. Oil & Gas denied all allegations made in a complaint that alleged it was paid thousands of dollars for a lease without a good title.

P.G. Oil & Gas and Perry Gains claims the plaintiff, HERC Oil and Gas, failed to state a claim in the complaint and that its claims are barred by waiver and/or estoppel, by the accord and satisfaction, by failure of consideration, by laches, and by the statute of limitations, according to the answer filed in Doddridge Circuit Court.

The defendants said they were not unjustly enriched and that they were compensated as agreed upon between both parties "and at arms-length transaction," their answer states.

"Wherefore, Defendants, and each of them, move that this complaint be dismissed and that they have their costs," the answer said, the "Defendants move for such other relief as to this Court may appear proper."

HERC Oil and Gas LLC filed a complaint in Doddridge Circuit Court against P.G. Oil & Gas LLC and Gains alleging unjust enrichment earlier this year.

The suit said Gains assigned to HERC oil and gas formations in 2014, for which HERC paid him $66,500. In September 2018, P.G. Oil & Gas warranted that the lease was currently in production, the suit said.

HERC later learned Gains did not have a good title to the oil and gas lease, the lawsuit said. HERC requested the return of the $66,500, which Gains and P.G. have refused, the lawsuit said.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Kevin White in Saint Marys.

The defendants are represented by Stephen A. Wickland of Wickland Law in Clarksburg.

Doddridge Circuit Court case No.: 19-C-7

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