Barnsdall Oil Co. v. Willis, 128 Civil.
| Decision Date | 23 June 1948 |
| Docket Number | No. 128 Civil.,128 Civil. |
| Citation | 78 F. Supp. 293 |
| Parties | BARNSDALL OIL CO. et al. v. WILLIS et al. |
| Court | U.S. District Court — Eastern District of Texas |
Richard L. Arnold, of Texarkana, Ark., and Foster V. Phipps, of Tulsa, Okl. for plaintiff.
Elmer L. Lincoln and J. I. Wheeler, both of Texarkana, Tex., and Frank S. Quinn and Herbert M. Barney, both of Texarkana, Ark., for defendant.
The retrial of this case has not served to change the statement of facts by the Court of Appeals Fifth Circuit found on page 825 to the end of the first paragraph of page 826 of 152 Federal Reporter, second series. In the second opinion by that Court on application for rehearing, 153 F. 2d 784, it was said: "Regardless of what may have been said in the opinion reversing and remanding this cause for a new trial as to what the facts were or what the evidence tended to show, it is the purpose of this Court to leave the lower Court free in finding the facts on a new trial as to whether or not Willis obtained confidential information by virtue of his relation as a lease broker for the Plaintiffs, or either of them, and whether or not he took advantage of such confidential information, if any was so obtained, and used it to his own advantage and to the detriment of the Plaintiffs."
It is believed unnecessary to attempt to state at length the nature of this case, issues, etc., as they are fully set forth in the opinions of the Court of Appeals. Accordingly, it is the finding of this Court that when Wadley employed Willis early in 1943 to obtain certain leases in the Eylau area, the latter was informed by the former that a block was being assembled for the purpose of transferring it to Barnsdall Oil Co., who, in turn, if certain geophysical explorations, then being carried on, were successful, a well or wells would be drilled in the hope of discovering oil, gas or other minerals. Wadley had himself previously prepared a map showing leases already acquired, names of owners, acreage, etc., and also those tracts upon which leases were desired to complete the block. This map was shown to Willis and he was engaged to purchase certain leases to fill in that block in certain areas. The map in general outline revealed the boundaries with respect to the compass. In the approximate center there was a 91 acre tract belonging to Louis Heilbron, which is involved here.
Wadley believed this tract was under lease to the Texas Company and so advised Willis. On the other hand, Willis knew he had obtained a lease upon it for Phillips Petroleum Co. some time before, which fact he did not reveal to Wadley.
After Barnsdall had completed its geophysical explorations, its geologist, a Mr. Valerius, also prepared a map pursuant to this confidential information, the contents of which were made known to Wadley, who in turn conveyed the substance of it to Willis, with the statement that Barnsdall intended to drill a well. This information confirmed, in large measure, the reports of geologists whom Wadley had previously employed to cover the same area, and which also showed the center...
To continue reading
Request your trial
-
Groh v. Shelton
...P.2d 231, 233(3). See Store of Happiness v. Carmona & Allen, 152 Cal.App.2d 266, 312 P.2d 1104, 1108--1109(6, 7); Barnsdall Oil Co. v. Willis, D.C.Tex., 78 F.Supp. 293(3), certiorari denied 338 U.S. 848, 70 S.Ct. 89, 94 L.Ed. 519; 12 C.J.S. Brokers § 42, l.c. 101--102.7 Bachrach, supra note......
- PETITION OF CARROLL TOWING CO., 17495
-
Willis v. BARNSDALL OIL COMPANY
...WALLER, Circuit Judges. PER CURIAM. The judgment is affirmed for the reasons set out by the District Judge in his opinion, reported in 78 F.Supp. 293. ...
-
CHAPTER 8 CONFIDENTIALITY AND NONDISCLOSURE AGREEMENTS
...of the oil company); Barnsdall Oil Co. v. Willis, 152 F.2d 824, 828 (5th Cir.), reh'g denied, 153 F.2d 784 (5th Cir. 1946), new trial, 78 F. Supp. 293, 295 (E.D. Tex. 1948), aff'd per curiam, 173 F.2d 979 (5th Cir.), cert. denied, 338 U.S. 848 (1949) (independent lease broker had a fiduciar......
-
CHAPTER 5 USE AND MISUSE OF CONFIDENTIALITY AND NONDISCLOSURE AGREEMENTS 1
...oil company); Barnsdall Oil Co. v. Willis, 152 F.2d 824, 828 (5%gth%g Cir.), reh'g denied, 153 F.2d 784 (5%gth%g Cir. 1946), new trial, 78 F. Supp. 293, 295 (E.D. Tex. 1948), aff'd per curiam, 173 F.2d 979 (5%gth%g Cir.), cert. denied, 338 U.S. 848 (1949) (independent lease broker had a fid......