Legal Opinion

Barnsdall v. Owen

Court of Appeals for the Eighth Circuit

Decided October 28, 1912No. 3,671PublishedCited by 15 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Oklahoma; Ralph E. Campbell, Judge. Suit in equity by Theodore N. Barnsdall against Charles Owen. Decree for defendant, and complainant appeals.

1Opinion of the Court

HOOK, Circuit Judge.

This is a suit by Barnsdall to set aside the mutual cancellation of a written contract between him and Owen, or alternatively to enforce specifically an oral agreement to make another contract in the same terms with some person to be designated by him, and for an accounting and damages. The bill, was dismissed on Owen’s demurrer, and Barnsdall appealed.

[1] Owen had secured some oil and gas leases from Cherokee Indian allottees the validity of which depended upon their approval by the Secretary of the Interior. Act July 1, 1902, c. 1375, 32 Stat. 726. Regulations of the…

2Cases cited5 opinions

  1. Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
  2. Frank Oil Co. v. Belleview Gas & Oil Co.Supreme Court of Oklahoma · 1911
  3. Smith v. RootWest Virginia Supreme Court · 1910
  4. Dickey v. Coffeyville Vitrified Brick & Tile Co.Supreme Court of Kansas · 1904
  5. O'Neil v. Sun CompanyCourt of Appeals of Texas · 1909

3Cited by15 opinions

  1. Mitchell v. ProbstSupreme Court of Oklahoma · 1915
  2. Brunson v. Carter Oil Co.District Court, E.D. Oklahoma · 1919
  3. American Surety Co. of New York v. United StatesCourt of Appeals for the Tenth Circuit · 1940
  4. Aronow v. BishopMontana Supreme Court · 1938
  5. Herigstad v. Hardrock Oil Co.Montana Supreme Court · 1935

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