R. Michael Lloyd v. Pendleton Land & Exploration, Inc.

POLITZ, Chief Judge:

Pendleton Land and Exploration, Inc. appeals an adverse judgment in its counterclaims against R. Michael Lloyd and Bob McCormack. Because the trial court erred in declining to submit Pendleton’s breach of fiduciary claim to the jury we must vacate and remand for a new trial.

Background

In the fall of 1985, R. Michael Lloyd, a geologist, began consulting for Pendleton, a family-owned oil and gas exploration company. Under an oral agreement they focused on a large section of Kansas made up of six areas of mutual interest. These areas, or “panels,” included three identified as…