Argonia Oil & Gas Co. v. Wasson

Citations

• 111 Kan. 124
• 206 P. 320
• 1922 Kan. LEXIS 189

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Drilling Oil Wells — No Mutual Mistake — No Reformation. The evidence is held to support a finding that a written contract was not subject to reformation on the theory of a mutual mistake.</p> <p>2. Same — Drilling Oil Wells — No Ambiguity in Contract. A written contract to the effect that the defendant agreed to drill three or more wells and the plaintiff was to employ him to drill them if the plaintiff concluded to have them drilled is held to give the plaintiff the privilege of stopping operations after one well had been drilled without liability to the defendant, being unambiguous in this respect.</p> <p>3. Sales — Written Contract May Not Be Varied by Prior Oral Agreement. The effect of a written contract for the payment of the price of articles bought cannot be varied by showing a prior oral agreement that the payment was to be made only out of funds to be derived from a particular source.</p> <p>4. Same — Articles Purchased Subject to Lien for Purchase Price — Taken Out of State. Where the owner of articles subject to a lien for a part of the purchase price on which he is personally liable sells them, his' liability is not affected by the fact that the creditor, without notice to him, allowed them to be taken out of the state.</p> <p>5. Same — Unavailable Counterclaims. A demand against the plaintiff, purchased by the defendant after he was sued, is not available as a counterclaim, at all events where no permission has been given by the court to plead facts occurring after the commencement of .the action.</p>