Legal Opinion

Collier v. Monger

Supreme Court of Kansas

Decided April 6, 1907No. 14,994PublishedCited by 8 opinions

Error from Labette district court; Thomas J. Flannelly, judge. STATEMENT. On August 27, 1904, the parties to this action entered into a written contract, which reads: “Article of agreement between W. L. Monger, of Mount Pleasant, Iowa, party of the first part, and Charles P. Collier, of Mound Valley, Kan., party of the second part.

Read the full summary

Error from Labette district court; Thomas J. Flannelly, judge. STATEMENT. On August 27, 1904, the parties to this action entered into a written contract, which reads: “Article of agreement between W. L. Monger, of Mount Pleasant, Iowa, party of the first part, and Charles P. Collier, of Mound Valley, Kan., party of the second part. “The said second party agrees to drill'one well for oil or gas any place upon the S W 1-4, section 33, Labette township, Labette county, Kansas, that the said first party may designate, and to go to the Mississippi lime-rock unless a good quantity of oil or gas is…

1Opinion of the Court

The opinion of the court was delivered by

Graves, J.:

It appears quite clearly from the evidence that the plaintiff fully performed the conditions of the written contract on his part. It is admitted' by the defendant’s answer that an oral contract was made, as alleged, except that the request to hold the machinery at the well is denied. This allegation- of the petition, however, is established by the testimony. It seems, therefore, that the demurrer to the evidence should have been overruled.

The ruling of the court is justified by the defendant *554upon the grounds: (1) That the action was…

2Cases cited1 opinion

  1. Crane v. Ring & SmithSupreme Court of Kansas · 1892

3Cited by8 opinions

  1. Sartain v. WalkerSupreme Court of Oklahoma · 1916
  2. Connor v. HarrisWest Virginia Supreme Court · 1925
  3. Ladd v. UphamCourt of Appeals of Texas · 1933
  4. Skelly Oil Co. v. SavageSupreme Court of Kansas · 1968
  5. Beeson v. PerrySupreme Court of Kansas · 1927

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API