Prewett v. Van Pelt

The opinion of the court was delivered by

Harvey, J.:

This is a suit for the specific performance of a contract to purchase an oil" and gas lease, and for an accounting. The petition upon which the case was first tried contained three causes of action. The first set up plaintiff’s contract for the purchase of a six-eighths interest in an oil and gas lease and the performance of plaintiff’s part of the agreement, but that the vendors had sold the entire lease to J. B. Kirk, who purchased with knowledge of plaintiff’s contract and interest, and plaintiff prayed that the terms of his contract of…