W. H. Appell v. A. J. Fiore

HUTCHESON, Chief Judge.

The suit for the recovery of $12,500 paid by plaintiff to defendant on or about August 4, 1952, was in two counts. The first count alleged mistake, the second fraud.

The answer denied that the payment had been induced by fraud or mistake and alleged that it was properly made under and in accordance with the terms of a contract 1 between defendant Appell and one Letha George, the owners of oil, gas and mineral leases in Blaine County, Montana, as first parties, and Fiore, as second party, for the drilling of a well by first parties on, and the conveyance to the plaintiff…