Ballard v. Claude Drilling Co.

The opinion of the court was delivered by

Harvey, J.;

This was an action to establish and enforce an interest in an oil and gas lease. The trial court sustained a demurrer to plaintiffs’ petition, and they have appealed.

The petition, for our purposes, may bo summarized as follows: Plaintiffs reside at Tulsa, Okla., maintain an office in Wichita, and deal in oil and gas leases. On and prior to January 8,1937, they acquired certain geological information concerning oil and gas prospects in the Burrton, Kan., area. About that time they learned the Indian Territory Illuminating Oil Company…