Curtis v. Yale Oil Refining Co.

Opinion by

LOGSDON, 0.

Only one Question is presented for determination in this court, and that is whether or not the trial court erred as a matter of law In sustaining the demurrer of the defendant to the evidence of the plaintiffs. In reaching a correct dtetermination of this question it is necessary only to determine the effect of the contract between the thirties.

Plaintiffs in their petition first alleged an oral agreement»on the part of the defendant to pay them the sum of five etents per barrel for all oil which plaintiffs procured to be delivered by producers to defendant, and in the…