Eisenhour v. Cities Service Oil Co.

The opinion of the court was delivered by

HoCH, J.:

This was an action by a receiver to require specific performance of a contract to purchase an oil and gas lease. Demurrer to the plaintiff’s evidence was sustained on the ground that the receiver was not in a position to carry out his own part of the contract and that therefore the respondent would not be required to do so. Plaintiff appeals.

The issue arose in an ancillary proceeding in which the receiver, Eisenhour, had been named to take charge of certain mineral rights in Ellis county, Kansas, said to be owned by nonresidents, E. E. Boyle…