Berry v. Frisbie
Court of Appeals of Kentucky
Case 43. — ACTION BY H. D. FRISBIE AND OTHERS' AGAINST LEANDER BERRY, TO ENFORCE A CONTRACT FOR THE SALE OF OIL AND OTHER MINERAL RIGIJ.TS. Appeal from Bracken Circuit Court. Jambs P. Harbeson, Circuit Judge. Judgment for Plaintiffs. Defendant appeals. 1. Reciprocity of obligation is essential to the validity of a contract.
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Case 43. — ACTION BY H. D. FRISBIE AND OTHERS' AGAINST LEANDER BERRY, TO ENFORCE A CONTRACT FOR THE SALE OF OIL AND OTHER MINERAL RIGIJ.TS. Appeal from Bracken Circuit Court. Jambs P. Harbeson, Circuit Judge. Judgment for Plaintiffs. Defendant appeals. 1. Reciprocity of obligation is essential to the validity of a contract. (Litz v. Goosling, 93 Ky., 185.) 2. The consideration of one dollar recited in the paper sued on, is a mere nominal consideration and will not support such an agreement. 3. An agreement that can not be enforced against both parties will be enforced against neither. \ , ¡ |…
1Opinion of the Court
Opinion by
Judge O’Rear
Reversing.
Appellees are oil prospectors. Appellant is the owner of the land upon which appellees had taken options to prospect for oil, gas, and other minerals. These options are identical in terms, except descriptions, and read as follows:
“Know all men by these presents, that Leander Berry for and in consideration of one ($1) dollar cash in hand paid, the receipt of which is hereby acknowledged, and for. the consideration of the advantages to be derived by the said Leander Berry from the *340development of the mineral resources of the lands hereinafter described, have’ this…
2Cases cited6 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Huggins v. DaleyCourt of Appeals for the Fourth Circuit · 1900
- Parish Fork Oil Co. v. Bridgewater Gas Co.West Virginia Supreme Court · 1902
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
- Conrad v. . MoreheadSupreme Court of North Carolina · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Superior Oil & Gas Co. v. MehlinSupreme Court of Oklahoma · 1910
- Monarch Oil, Gas & Coal Co. v. RichardsonCourt of Appeals of Kentucky · 1907
- Eastern Kentucky Mineral & Timber Co. v. Swann-Day Lumber Co.Court of Appeals of Kentucky · 1912
- Killebrew v. MurrayCourt of Appeals of Kentucky · 1912
- Union Gas & Oil Co. v. Wiedeman Oil Co.Court of Appeals of Kentucky (pre-1976) · 1924
31 more not listed; retrieve them via the Exa API.