De Hart v. Eveleigh

The opinion of the court was delivered by

Johnston, ,C. J.:

This action was brought by Everett DeHart and W. H. Joseph, against W. G. Eveleigh, to recover damages for breach of’ a contract for the sale of an oil and gas royalty on a certain quarter section of land in McPherson county.

The purchase price of the royalty was $12,000, plus $3,200 in assigned notes. An abstract of title was to be furnished to Eveleigh, whose attorney would examine the title for the purchaser, and he made a number of requirements, calling attention especially to two mortgages and some other requirements to be met in…