Franklin P. Smith and John S. Adams v. Gibraltar Oil Company, a Corporation

MURRAH, Circuit Judge.

The question presented here is whether the appellants are entitled to a claimed brokerage fee or commission for their efforts to secure a “farmout agreement” for appellees upon certain prospective oil and gas acreage owned by Shell Oil Company.

Based on diversity jurisdiction, the trial court, applying Oklahoma law, held that the appellants did not earn the commission, and this appeal is from a judgment in favor of their principal, the appellee.

The operative facts are that appellant, Smith, who was the owner of oil and gas leases in Clark County, Kansas, adjacent to…