Dempsey v. D. B. & M. Oil & Gas Co.

SWINFORD, District Judge.

This case is before the court on the defendants’ motion for summary judgment under rule 56(b), Fed.Rules.Civ.Proc., 28 U.S.C.A. The record presents the following facts: in 1930 the defendant, John T. Diederich, contacted one L. A. Dempsey, a person experienced in the oil and gas business as it pertained to the securing of leases in Martin County, Kentucky; Dempsey was lacking in finances or to use his own term he was “broke”; Diederich was financially able to put up the money against Dempsey’s time and experience and the two arranged for Dempsey to go into Martin…