Gill v. Reveley

• Decision Date: 06 January 1943
• Docket Number: No. 2563.,2563.
• Parties: GILL v. REVELEY et al.
• Court: U.S. Court of Appeals — Tenth Circuit

132 F.2d 975 (1943)

GILL v. REVELEY et al.

No. 2563.

Circuit Court of Appeals, Tenth Circuit.

January 6, 1943.

Charles Hill Johns, of Oklahoma City, Okl. (Roger L. Stephens, of Oklahoma City, Okl., Frank L. Bates, of Kansas City, Kan., and Howard E. Payne, of Olathe, Kan., on the brief), for appellant.

Frank H. Terrell, of Kansas City, Mo., for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

Deane Gill sued O. G. Bitler, J. H. Reveley, and Westgate-Greenland Oil Company to recover damages, alleging that the defendants formed a scheme to obtain from him certain shares of corporate stock at less than its fair value; that by threats of criminal prosecution, he was subjected to duress; and that while under duress, he agreed to sell and did sell such stock at a price far below its fair value. The defendants answered separately; summary judgment was entered in favor of Bitler; the case was tried to a jury as between plaintiff and the two remaining defendants; at the close of the evidence adduced by plaintiff, the court instructed a verdict for such defendants; judgment was entered upon the verdict; and plaintiff appealed from the latter judgment but not the former.

The action of the court in directing the verdict is challenged. Contradictions and conflicts of evidence are for the jury. And where the evidence and the inferences fairly deducible from it are such that men of reasonable minds may honestly draw different conclusions therefrom, the question is one of fact to be determined by the jury. Central Surety & Ins. Corporation v. Murphy, 10 Cir., 103 F.2d 117. But it is a rule of consistent application in the United States courts that while a case should not be lightly withdrawn from the jury, a verdict should be directed where the evidence, together with all the inferences which justifiably could be drawn from it, is without dispute, or is conflicting but of such overwhelming or conclusive nature that if a verdict were returned for the plaintiff or the defendant, as the case may be, the exercise of sound judicial discretion would compel the court to set it aside. Randall v. Baltimore & Ohio R. R. Co., 109 U.S. 478, 3 S.Ct. 322, 27 L.Ed. 1003; Delaware, L. & W. Railroad v. Converse, 139 U.S. 469, 11 S. Ct. 569, 35 L.Ed. 213; Southern Pacific Company v. Pool, 160 U.S. 438, 16 S.Ct. 338, 40 L.Ed. 485; Patton v. Texas & Pacific Railway Co., 179 U.S. 658, 21 S.Ct. 275, 45 L.Ed. 361; Slocum v. New York Life Ins. Co., 228 U.S. 364, 33 S.Ct. 523, 57 L.Ed. 879, Ann.Cas.1914D, 1029; Gunning v. Cooley, 281 U.S. 90, 50 S.Ct. 231, 74 L. Ed. 720; Pennsylvania R. Co. v. Chamberlain, 288 U.S. 333, 53 S.Ct. 391, 77 L.Ed. 819; Central Surety & Ins. Corporation v. Murphy, supra; Farr Co. v. Union Pac. R. Co., 10 Cir., 106 F.2d 437; Lehmitz v. Utah Cooper Co., 10 Cir., 118 F.2d 518.

The gist of the cause of action pleaded was duress, and the burden of proof rested on plaintiff. Accordingly, it was necessary that he submit evidence establishing a prima facie case of duress before he was entitled to have the issues submitted to the jury. It is insisted that the evidence introduced, together with the reasonable inferences which could be drawn from it, was such that men of reasonable minds might honestly draw different conclusions on that question and therefore the court should not have withdrawn the case from the jury. There was evidence which tended to establish these facts. Gill, Bitler and Reveley first became associated in the oil business in 1920. After becoming financially affluent their paths separated, Gill going one way and Bitler and Reveley another. But they were drawn together again in 1930. They caused Westgate Oil Company, an operating company, and Greenland Oil Company, a holding company, to be organized; they owned most of the stock issued by Greenland; that company, in turn, owned all the stock issued by Westgate; and both of these corporations transferred all their assets to the defendant Westgate-Greenland Oil Company, the latter assuming all of the obligations of the former. Gill owned about 200,000 shares of stock issued by Westgate-Greenland. The principal offices of Westgate were in Oklahoma City. In 1930, Gill and his family resided in Fort Worth, Texas, but due to financial difficulties he sent his wife and children to Iowa to reside on a farm there. For about five years he visited his family on the farm from time to time and continued to live with his wife as husband and wife. He then began living with another woman. Westgate established offices in San Antonio, Texas. Gill went there and took the other woman with him. They openly lived together, crossed state lines together, and held themselves out as husband and wife. Her picture and publicity appeared in the society page of one newspaper, publicity appeared in the society page of another, and her picture and publicity appeared in a magazine — she being designated and called Mrs. Deane Gill. Gill went to Iowa, told his wife that he was living with the other woman, and asked her to secure a divorce. Instead of doing so, she moved to Corpus Christi, Texas; and he continued to live with the other woman in San Antonio. Reveley talked with Gill three or four times about his domestic situation, told him that he was going to get into trouble, told him he would get in a jam, said he should quit trying to have two wives, urged him to straighten out his marital difficulties, and suggested that he see his wife and adjust their business; but he did not try to get him to quit living with the second woman. Gill indicated an unwillingness to discuss the matter, said he preferred to attend to it himself, said he realized he probably would get into trouble, and on one occasion walked out of the room. Reveley suggested that he, Bitler and Gill should collateralize their separate obligations to Westgate. Gill owed Westgate about $17,000, his stock in Greenland was pledged to a bank to secure a debt of $12,000, and he needed $5500 in cash. Reveley suggested and it was agreed that Westgate should pay the amount due the...