Anderson v. Heartland Oil & Gas, Inc.

The opinion of the court was delivered by

LOCKETT, J.:

This was an action brought by eight plaintiffs, five of whom were not residents of Kansas, to recover the purchase monies paid for units in an Oklahoma oil and gas well and to rescind certain agreements executed in Colorado. Plaintiffs claimed they were fraudulently induced to enter into the agreements by nonresident officers of the Kansas corporation. At the conclusion of the trial, the trial court instructed the jury on an additional theory of fraud not raised in the plaintiffs’ petition or at pretrial, i.e., fraudulent promise of future…