Nowata Oil Syndicate v. Commercial Nat. Bank

LEACH, C.

Plaintiffs in error originally commenced this action in the district court of Nowata county against the Commercial National Bank of Nowata to recover the sum of $1,500, and alleged in their petition that, on April 17, 1918, they forwarded to the defendant bank through the City Bank & Trust Company of Denver a cashier’s check for $1,500, with a letter of instruction authorizing the defendant bank to place the money in escrow together with a drilling contract for an oil well to be drilled on a certain described tract of land, the drilling contract to be approved by Paul If. Smith and…