Clark C. Nye v. Edwin M. Lovelace

BROWN, Circuit Judge.

Appellant Nye, an Oklahoma oil invest- or, in the spring of 1951 made arrangements through his agent, Tom Gorton, with the appellee, Lovelace, to procure mineral interests in an area later on known as the Pollard Field in Alabama. The last transaction was concluded August 16, 1951. Later on, perhaps inadvertently, Nye learned that Lovelace had purchased in his own name and held for his own account one-half of the minerals under 40 acres known as the Gray tract. In pre-trial discovery deposition in Nye’s suit to recover the Gray tract, Nye learned, for the first time, that…