Kolachny v. Galbreath
Supreme Court of Oklahoma
Error from District Court, Olcmulgee County; John Caruthers, Judge. Action by John W. IColachny against Robert Galbreath and others-. Judgment for defendants, and plaintiff brings error. —Uiting: Bldred et al. v. Okmulgee Loan <& Trust Go., 22 Okla. 747; Monfort v. Lanyon, 67 Kan. 311; Alleghany Oil Go. v. Snyder, 106 Fed. 764, 45 C. C. A. 604; Brick Go. v. Bailey, 76 Kan. 42; Dickey v. Brick Go., 69 Kan. 106; Brown v. Fowler, 63 N. E. 79; Central Ohio Nat. Gas.
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Error from District Court, Olcmulgee County; John Caruthers, Judge. Action by John W. IColachny against Robert Galbreath and others-. Judgment for defendants, and plaintiff brings error. —Uiting: Bldred et al. v. Okmulgee Loan <& Trust Go., 22 Okla. 747; Monfort v. Lanyon, 67 Kan. 311; Alleghany Oil Go. v. Snyder, 106 Fed. 764, 45 C. C. A. 604; Brick Go. v. Bailey, 76 Kan. 42; Dickey v. Brick Go., 69 Kan. 106; Brown v. Fowler, 63 N. E. 79; Central Ohio Nat. Gas. Go. v. Eckert, 71 N. E. 282; Consumers Gas Trust Go. v. Worth, 71 N. E. 489; Detlos v. Holland, 57 Ohio, 492; McMillan v. Phila.…
1Opinion of the CourtWilliams, J.
This action was commenced on December 18, 1907, in the district court of Okmulgee county by the plaintiff in error as plaintiff against the defendants in error as defendants. After issue was joined, the cause on October 5, 1908, was submitted to the court on an agreed statement of facts, and judgment rendered in favor of the defendants.
1. It is essential to determine whether any of the following pragraphs of the oil and gas lease, upon which this action was based, precluded the plaintiff from obtaining relief in equity; said paragraphs being in haec verba:
“The party of the second part further…
2Cases cited46 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Express Co. v. Railroad Co.Supreme Court of the United States · 1879
- Watford Oil & Gas Co. v. ShipmanIllinois Supreme Court · 1908
- Huggins v. DaleyCourt of Appeals for the Fourth Circuit · 1900
41 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Rich v. DonegheySupreme Court of Oklahoma · 1918
- Frank Oil Co. v. Belleview Gas & Oil Co.Supreme Court of Oklahoma · 1911
- Gypsy Oil Co. v. MarshSupreme Court of Oklahoma · 1926
- Duff v. KeatonSupreme Court of Oklahoma · 1912
- Franklin v. Margay Oil Corp.Supreme Court of Oklahoma · 1944
89 more not listed; retrieve them via the Exa API.