Nelson v. Reynolds

• Decision Date: 23 May 1916
• Docket Number: 7508.
• Parties: NELSON v. REYNOLDS ET AL.
• Court: Oklahoma Supreme Court

158 P. 301

59 Okla. 168, 1916 OK 582

NELSON v. REYNOLDS ET AL.

No. 7508.

Supreme Court of Oklahoma

May 23, 1916

Rehearing Denied June 20, 1916.

Syllabus by the Court.

A contract will be so construed as to give effect to the manifest intent of the parties.

An assignment of error that the court erred in entering judgment against plaintiff in error is too general, and does not direct the court's attention to any fact showing cause for reversal.

Commissioners' Opinion, Division No. 3. Error from District Court, Muskogee County; Fred P. Branson, Judge.

Action by W. E. Reynolds against M. K. Ownby and others. Judgment for plaintiff, and defendant H. B. Nelson brings error. Affirmed.

W. C Franklin and P.J. Carey, both of Muskogee, for plaintiff in error.

S. M Rutherford and James W. Cosgrove, both of Muskogee, for defendants in error.

RITTENHOUSE C.

On April 22, 1914, M. K. Ownby entered into a contract with W E. Reynolds whereby it was agreed that W. E. Reynolds would drill a well on certain premises to the depth of 2,000 feet at a rate of $1.25 per foot, and in case oil and gas was found at a less depth W. E. Reynolds agreed to accept $1.25 per foot for the depth so drilled, and it was further agreed that M. K. Ownby would deposit $650 in the First National Bank of Morris, Okl., and $1,000 in the First National Bank of Muskogee, Okl., to the credit of W. E. Reynolds as payment to said W. E. Reynolds as soon as the well was completed to a depth of 1,300 feet, and, in case the well was drilled to a depth of 2,000 feet, M. K. Ownby agreed to make an additional deposit of $875 in the First National Bank of Morris, Okl., to be paid to Reynolds when the well was completed to that depth. Memorandum agreements were entered into as follows:

"The $1,000 now held in escrow in First National Bank between M. K. Ownby and H. B. Nelson is to be applied on the drilling of the above-described contract.

H. B. Nelson,

By J. Prewitt Nelson.

M. K. Ownby."

"We have this day authorized the First National Bank of Muskogee, which holds $1,000 in escrow between H. B. Nelson and M. K. Ownby on an oil lease in section 15, township 13, range 15, to turn over the said $1,000 to W. E. Reynolds, when the conditions of a contract have been complied with, said contract being signed by M. K. Ownby and W. E. Reynolds, under date of April 22, 1914, and attached to the oil lease now in the above-mentioned bank.

H. B. Nelson,

By J. Prewitt Nelson.

M. K. Ownby."

The evidence shows that the well was drilled to a depth of 1,350 feet, and that no oil was found; that...