Sharpless v. J. B. Kirk Gas & Smelting Co.

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover damages for breach of an oral agreement to execute a written option contract for the sale of gas properties. Demurrers to plaintiff’s petition were sustained, and he appeals.

For convenience the J. B. Kirk Gas and Smelting Company will be designated the company. The petition alleged substantially that on or about May 14, 1927, the defendants orally agreed with the plaintiff that in consideration of plaintiff’s incurring the expense and inconvenience of having the gas properties owned by the company inspected,…