Dunn v. Madden

Citations

• 109 Kan. 94
• 197 P. 1116
• 1921 Kan. LEXIS 84

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Sale of Oil and Gas Royalties — Commission—Findings— Conflicting Evidence — Conclusive on Appeal. Following the rule that upon appeal the supreme court cannot weigh conflicting evidence nor determine upon the credibility of witnesses, it is held that the finding of the jury to the effect that defendants agreed to pay plaintiff a fixed sum if she procured a purchaser for an oil and gas royalty, supported as it was by substantial evidence, though contradicted by much evi•dence given in behalf of the defendants, is conclusive upon this court.</p> <p>2. Same — Evidence Supports Finding of Partnership. It is further held that there is sufficient evidence to support the finding of the jury that defendants were partners in the oil and gas transaction and in the contract with plaintiff.</p> <p>3. Trial —• Evidence — Instructions. Errors assigned on rulings in the admission of testimony and in the giving and refusal of instructions, examined and held not to be of sufficient merit to warrant a reversal.</p> <p>4. Same Whsre special findings will admit of an interpretation which will harmonize them with and uphold the general verdict, that interpretation should he given.</p>