Grow v. Davis

The opinion of the court was delivered by

Burch, J.:

The action was one to compel performance of a contract to execute an oil and gas lease. A demurrer to the petition was sustained, and the plaintiff appeals.

On July 14, 1919, the following instrument, which for convenience will be referred to as a contract, was signed by the defendants, the Davises, and by the plaintiff:

“This Agbeement, made and entered into this 14th day of July, 1919, by and between D. A. Davis and Hester B. Davis, his wife, of Marion county, Kansas, parties of the first part, and Chester Grow, of La Harpe, Kansas, party of…