Legal Opinion

Anderson v. Shawnee Compress Co.

Supreme Court of Oklahoma

Decided September 5, 1906PublishedCited by 8 opinions

Error from the District Court of Pottawatomie County; before B. F. Burwell, Trial Judge. STATEMENT OF FACTS. This action was commenced ore May 2, 1905, in the district conrt of Pottawatomie county, Oklahoma, by the plaintiffs in error against the defendants in error, the purpose being to enjoin the execution of a certain lease contract by the Shawnee Compress Company, its officers and agents, to the Gulf Compress Company, defendants in error herein.

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Error from the District Court of Pottawatomie County; before B. F. Burwell, Trial Judge. STATEMENT OF FACTS. This action was commenced ore May 2, 1905, in the district conrt of Pottawatomie county, Oklahoma, by the plaintiffs in error against the defendants in error, the purpose being to enjoin the execution of a certain lease contract by the Shawnee Compress Company, its officers and agents, to the Gulf Compress Company, defendants in error herein. In the absence of the regular district judge from said county. the probate judge thereof issued a restraining order as against the defendants in…

1Opinion of the Court

Opinion of the court by

Pancoast, J.:

The first error assigned is that the court below erred in not deciding that it was beyond the scope of the legal powers of the said Shawnee Compress Company to execute the lease contract in question. We find no express authority to lease set out in the articles of ineor poration, but we are nevertheless of the opinion the weight of authority is that when a strictly private corporation finds it cannot profitably continue operations, it may lawfully make a lease of its entire property for a term of years. Plant v. Macon Oil Co., 30 S. E. 567; Morisette v.…

2Cases cited20 opinions

  1. Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
  2. Rakestraw v. LanierSupreme Court of Georgia · 1898
  3. Craft v. McConoughyIllinois Supreme Court · 1875
  4. Richardson v. BuhlMichigan Supreme Court · 1889
  5. Santa Clara Valley Mill and Lumber Co. v. HayesCalifornia Supreme Court · 1888

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3Cited by8 opinions

  1. Knight & Jillson Co. v. MillerIndiana Supreme Court · 1909
  2. Stewart v. Stearns & Culver Lumber Co.Supreme Court of Florida · 1908
  3. State v. Duluth Board of TradeSupreme Court of Minnesota · 1909
  4. Union Coal Co. v. WooleySupreme Court of Oklahoma · 1915
  5. Ireland v. CraggsCourt of Appeals for the Fifth Circuit · 1932

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