Foley v. Schmidt

The opinion of the court was delivered by

Hopkins, J.:

The action was one to enforce specific performance of a contract for the purchase of a gas and mineral lease or to recover $4,000 if the defendant refused to carry out the terms of his contract of purchase. Trial was to the court. The plaintiff prevailed and defendant appeals.

The controversy involved the sale and assignment of what may be termed the “Island lease.” The “island” is in the Neosho river, in Neosho county, eleven miles northeast of Parsons. It was owned by the heirs of the late R. N. Allen, of Chanute. The testimony showed that…