Fetters v. Wittmer Oil & Gas Properties

I concur in holding plaintiffs are not equitably entitled to cancellation.

Bittzel, J., concurred with North, J.

Clark, C. J. I am not in accord with opinion of Mr. Justice Sharpe. Defendants may not use in their defense the champertous agreement between plaintiff and a third party, not a party thereto, and to that point only, the following, from 11 C. J. p. 270:

“Except in one State (Wisconsin), the rule is well settled that the fact that there is a champertous contract in relation to the prosecution of the suit between plaintiff and his attorney, or between plaintiff and another layman, in no…