Douglas Oil Fields v. Hamilton

Decision Date25 May 1908
Citation95 P. 849,17 Wyo. 54
PartiesDOUGLAS OIL FIELDS v. HAMILTON
CourtWyoming Supreme Court

ERROR to the District Court, Converse County; HON. RICHARD H. SCOTT, Judge.

The case is stated in the opinion.

Reversed.

W. R. Stoll, for plaintiff in error.

F. H. Harvey, for defendant in error.

OPINION

PER CURIAM.

This case and case No. 537, Douglas Oil Fields, and J. Bevan Phillips, Trustee, vs. William F. Hamilton, involve the same questions and were tried together upon the same evidence. It is the converse of case No. 537, being an application by plaintiff in error for an injunction to restrain the defendant in error from interfering with plaintiff in error in drilling for oil and gas on the leased premises. The district court found generally for the defendant, dissolved the temporary injunction which had been issued in the case and entered a decree cancelling the lease. From that judgment

It is conceded by counsel that the decision in one of the cases necessarily disposes of the other. The judgment of the district court in case No. 537, having been this day reversed, it follows that the judgment in this case must also be reversed. For the reasons stated in the opinion in case No. 537, the judgment of the district court is reversed and the cause remanded for a new trial or for such other proceedings as may be deemed proper.

Reversed.

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3 cases
  • Andersen v. Corbitt, 88-176
    • United States
    • Wyoming Supreme Court
    • June 27, 1989
    ...Inc., 355 P.2d 884 (Wyo.1960); Casper National Bank v. Curry, 51 Wyo. 284, 65 P.2d 1116, 110 A.L.R. 360 (1937); Douglas Oil Fields v. Hamilton, 17 Wyo. 54, 95 P. 849 (1908); Phillips, et al. v. Hamilton, 17 Wyo. 41, 95 P. 846 (1908). In contravention of this painfully clear rule, the effect......
  • Coronado Oil Co. v. Grieves
    • United States
    • Wyoming Supreme Court
    • December 3, 1979
    ...was a placer mining claim. Van Horn v. State, 1895, 5 Wyo. 501, 40 P. 964. This same recognition is reflected in Douglas Oil Fields v. Hamilton, 1908, 17 Wyo. 54, 95 P. 849; and Dean v. Omaha-Wyoming Oil Company, 1913, 21 Wyo. 133, 128 P. 881; Skeen v. Lynch, 10th Cir. 1931, 48 F.2d 1044, c......
  • Paxton & Gallagher v. Pellish
    • United States
    • Wyoming Supreme Court
    • June 2, 1931
    ... ... M.) 260 P. 411. It was the duty of the court ... to construe the contract. Phillips v. Hamilton, 17 ... Wyo. 41. Words cannot be read into a contract to impart an ... intent unexpressed. 13 C. J. 524; Beech Grove Imp. Co. v ... Title Co., (Ind.) 98 N.E. 373; Douglas Oil Fields v ... Hamilton, 17 Wyo. 54; Conway Co. v. Chicago, ... (Ill.) 113 N.E. 703. The cause ... ...

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