Kelly v. Meyer

The opinion of the court was delivered by

Parker, J.:

This is an action for the recovery of damages for failure to comply with the terms of a written contract for the drilling of an oil and gas well, in which the defendant, Fred Meyer, recovered a judgment on his cross petition, alleging fraud, for part of the purchase price paid by him for certain oil and gas leases transferred to him by plaintiff under contract.

The petition was lengthy. Pertinent portions thereof were in sub*430stance as follows: The plaintiffs at all times material were the joint owners of a block of oil and gas mining leases,-…