Levine v. Shaffer

J. C. Shaffer filed an action against Julius Levine and S. Levine, his father, in the district court of Love county, Okla., to recover a money judgment upon a plea of money had and received. The parties treated the action as one equitable in its nature and governed by equitable principles. Thurlwell v. Rabbit, 110 Okla. 285, 235 P. 923. Judgment was for plaintiff, and defendants appealed.

Julius Levine held an oil and gas lease on certain land in Texas for himself and others, and entered into a contract, evidenced by a memorandum in writing, to convey this lease to Shaffer for a stated…