Hamilton v. McGinnis

The opinion of the court was delivered by

Burch, J.:

Plaintiff recovered judgment for $4,750 as damages sustained on account of fraudulent representations, whereby plaintiff was induced to sell his interest in an oil lease to defendants for $1,300. Defendants appeal, and the question is whether plaintiff was estopped to maintain the action because he had previously elected an inconsistent remedy.

Plaintiff was owner of a one-eighth interest in the oil lease known *720as the Sample lease, the remaining interest being owned by defendants and others. On the evening of April 11, 1922, defendants…