Chitwood v. SKILES OIL CORPORATION

Plaintiff in error, Joe Chitwood, as plaintiff in the District Court of Nowata County sought recovery in the sum of $5,000 against the Skiles Oil Corporation, here defendant in error. For convenience we shall refer to the parties on appeal as they appeared in the trial court.

Plaintiff’s claim is based upon his right to recover damages for the alleged breach of an “option agreement” entered into by plaintiff and defendant. The instrument was attached to and made a part of plaintiff’s petition and plaintiff relies upon an asserted “failure and refusal of defendant to carry out the terms of said…