Vaughn v. Smith

Citation80 Okla. 244,1921 OK 57,195 P. 754
Decision Date15 February 1921
Docket NumberCase Number: 10812
PartiesVAUGHN et al. v. SMITH et al.
CourtSupreme Court of Oklahoma
Syllabus

¶0 Evidence--Parol Evidence Affecting Writings. A contract in writing, if its terms are free from doubt and ambiguity, must be permitted to speak for itself, and cannot, by the courts, at the instance of one of the parties, be altered or contradicted by parol evidence, unless in case of fraud, accident, or mutual mistake of facts.

Morris & Jameson, for plaintiffs in error.

Asp, Snyder, Owen and Lybrand, for defendants in error.

NICHOLSON, J.

¶1 This action was brought in the district court of Caddo county, by the plaintiffs in error, as plaintiffs, against the defendants in error, as defendants, to cancel a certain oil and gas lease and remove the cloud upon the title of plaintiffs caused by the record thereof. The lease involved is the ordinary "form eighty-eight" with the added provision that:

"Unless active operations for drilling are begun within five months from the date of this lease and within 2 1-2 miles from section 19, twp. 6 north, range 9 west, this lease shall become null and void."

¶2 The contention of the plaintiffs can be best stated by quoting the following from their petition:

"That said contract further provides 'unless active operations for drilling a well are begun within five months from the date of this lease, and within two and one-half miles of section 19, in township 6 north of range 9 west, this lease shall become null and void'; that at the time said lease was executed the defendant C. P. Smith orally agreed to commence active operations for drilling of an oil well within five months from the date of said lease, and within two and one-half miles from section 19, township 6 north, range 9 west of the Indian Meridian, and it was further orally agreed that if he failed to commence drilling a well as above stated within five months from the date of said lease, the said lease shall become null and void.
"That defendant C. P. Smith failed and neglected to commence active operations for drilling a well within the time specified in said lease and within two and one-half miles from said section 19, township 6 north, range 9 west of the Indian Meridian, and in fact he nor his assigns have made any attempt or effort to drill a well as provided in said lease; and as a matter of fact the said C. P. Smith and his assigns have no interest in and to said land by reason of said lease.
"That at the time said lease was executed the said C. P. Smith was getting up a block of leases in which the land of plaintiffs was located; and prior to and at that time the said C. P. Smith represented to and agreed with the plaintiffs that the leases he was securing were not connected with what is known as the Duncan leases, upon which what is known as the Kunsemuller well was afterwards located, representing and agreeing with these plaintiffs that the well referred to in said lease would be located within the block of leases he was then securing and would not be located on the said Duncan leases; that no well was ever drilled or commenced in said block of leases."

¶3 At the request of the parties the court made special findings of fact, the only one complained of being as follows:

"The court further finds that prior to and at the time the lease involved herein was
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