Emery Bros. v. Mutual Benefit Oil Co.
Supreme Court of Oklahoma
Error from District Court, Carter Coun-’ ty; W. F. Freeman, Judge. Action by Emery Brothers against the Mutual Benefit Oil ’Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
Opinion by
BLEAKMORE, C.
This action was commenced in the district court of Carter county by Emery Brothers against the Mutual Benefit Oil Company, seeking recovery of damages for breach of contract. The trial court directed a verdict for defendant, upon ¡which judgment was rendered; and plaintiff has appealed.
The parties entered into a written contract, by the terms of which plaintiff undertook, for a stipulated sum per foot, to drill and complete an oil and gas well on certain described lands of defendant. The contract contained the following provision:
“Party of the first part (plaintiffs) to…
2Cases cited3 opinions
- Central Mortgage Co. v. Michigan State Life Ins. Co.Supreme Court of Oklahoma · 1914
- Arkansas Valley Town & Land Co. v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1915
- Rogers v. White Sewing MacH. Co.Supreme Court of Oklahoma · 1916
3Cited by6 opinions
- Forster-Davis Motor Co. v. SlaterbeckSupreme Court of Oklahoma · 1939
- Chicago, R. I. & P. Ry. Co. v. Lawton Grain Co.Supreme Court of Oklahoma · 1923
- Mickleson v. Gypsy Oil Co.Supreme Court of Oklahoma · 1925
- McAleer v. Waddell-O'brien Motor Co.Supreme Court of Oklahoma · 1924
- British-American Oil Producing Co. v. BuffingtonCourt of Appeals for the Fifth Circuit · 1940
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