Crawford v. Forrester

Citation108 Kan. 222,194 P. 635
Decision Date08 January 1921
Docket Number22,888
PartiesJ. J. CRAWFORD, Appellant, v. SYLVESTER W. FORRESTER (et al.), Appellee
CourtUnited States State Supreme Court of Kansas

Decided January, 1921

Appeal from Marion district court; ROSWELL L. KING, judge.

Judgment reversed and cause remanded.

SYLLABUS

SYLLABUS BY THE COURT.

CONTRACT--Relating to Oil and Gas Leases--Petition States Cause of Action. The petition examined, and held to state a cause of action by one joint adventurer against his coadventurer, for the value of oil and gas leases appropriated by the defendant, contrary to the terms of an oral contract, the subject matter of which was acquisition of a block of leases, development, sale of some leases, retention of others, disposition of proceeds of sale, and division of interest in leases retained.

Robert Stone, E. H. Gamble, George T. McDermott, and Robert L. Webb all of Topeka, for the appellant.

A. A. Godard, and J. Arthur Myers, both of Topeka, for the appellee.

OPINION

BURCH, J.:

The action was one to recover the value of an interest in certain oil and gas leases owned by the plaintiff and appropriated by the defendant, and for other relief. A demurrer to the petition was sustained, and the plaintiff appeals.

The petition contained some irrelevant and much evidentiary matter, part of which, at least, appears to have been inserted under order of court procured by the defendant. The essence of the petition follows.

The defendant owned some oil and gas leases in the Marion county field, which he was obliged to develop or he would forfeit them. The plaintiff was a driller who owned developing equipment. They agreed to procure other leases, to be taken for convenience in the defendant's name, until his holdings constituted a block of approximately 2,500 acres. The plaintiff was to begin drilling within ninety days from the date of the agreement. Out of the block of leases the defendant was to sell enough to bring $ 25,000, to be paid to the plaintiff. All remaining leases were to be assigned to the plaintiff, who was to own 52 per cent and the defendant 48 per cent. If the defendant failed to pay the plaintiff $ 25,000, his interest was to be reduced in proportion to the amount unpaid. When sufficient leases were procured, the agreement, which was oral, was to be reduced to writing. The plaintiff cooperated with the defendant in procuring some additional leases, and the defendant obtained others. The plaintiff prepared to drill, incurred much expense in doing so, and submitted to the defendant a form of written contract. The plaintiff then discovered the defendant had disposed of all the leases, in a manner to place them beyond the plaintiff's reach.

It is perfectly clear that we have here a consummated contract acted on and partially carried out by both parties. It was of no consequence that preparation of formal evidence of the contract was postponed, or that the particular status of the venture at the time the writing was to be signed could not be known. ...

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15 cases
  • Denny v. Guyton, 28922.
    • United States
    • United States State Supreme Court of Missouri
    • May 27, 1931
    ...Iowa, 1386, 191 N.W. 884; 2 Rowley on Modern Law of Partnerships, sec. 994; In re Taub, 4 Fed. (2d) 993; 33 C.J. 847; Crawford v. Forrester, 108 Kan. 222, 194 Pac. 635; Anderson v. Blair, 202 Ala. 209; Hoge v. George, 27 Wyo. 423, 200 Pac. 96; 33 C.J. 848, sec. 20; 33 C.J. 851; Dolan v. Dol......
  • Denny v. Guyton
    • United States
    • United States State Supreme Court of Missouri
    • May 27, 1931
    ......Weitz. Sons, 195 Iowa 1386, 191 N.W. 884; 2 Rowley on Modern. Law of Partnerships, sec. 994; In re Taub, 4 F.2d. 993; 33 C. J. 847; Crawford v. Forrester, 108 Kan. 222, 194 P. 635; Anderson v. Blair, 202 Ala. 209;. Hoge v. George, 27 Wyo. 423, 200 P. 96; 33 C. J. 848, sec. 20; 33 ......
  • Wyoming-Indiana Oil & Gas Co. v. Weston
    • United States
    • United States State Supreme Court of Wyoming
    • January 25, 1932
    ...is fiduciary in character and requires the utmost good faith. Dike v. Martin, (Okla.) 204 P. 1106; Pomeroy's Eq. Jr. 155; Crawford v. Forrester, (Kan.) 194 P. 635. No were lost by laches. Lind v. Webber, 134 P. 461; Seligson v. Weiss, 227 N.Y.S. 338, 10 R. C. L. 396; Miller v. Walser, (Nev.......
  • Potucek v. Blair
    • United States
    • United States State Supreme Court of Kansas
    • May 8, 1954
    ...adventure, not based on joint ownership of property, to entitle him to an accounting of the profits.' (Syl. par. 8.) In Crawford v. Forrester, 108 Kan. 222, 194 P. 635, the court 'It is perfectly clear that we have here a consummated contract, acted on and partially carried out by both part......
  • Request a trial to view additional results

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