Prewett v. Van Pelt

The opinion of the court was delivered by

Burch, J.:

The action was one to compel specific performance of a contract to assign an oil and gas lease. The plaintiff was defeated, and appeals.

Van Pelt and Johnson, who owned a seven-eighths interest in an oil and gas lease, agreed to assign six-eighths to Prewett, by written contract which reads as follows:

“This agreement, entered into this 2nd day of September, 1921, by and between J. T. Van Pelt and C. H, Johnson, of Colony, Kansas, parties of the first part, and Chas. Prewett, of Coffeyville, Kansas, party of the second part, witnesseth:

“That…