Frith v. Thomson

Citations

• 103 Kan. 395
• 173 P. 915
• 1918 Kan. LEXIS 275

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partnership — Oil cmd Gas Leases — Limited Number of Transactions— Action for Conversion — Accounting Unnecessary. Where parties join in a business adventure of a partnership character and, after they have proceeded for a time and property rights have been acquired, one of the partners who holds possession of the rights and assets of the firm wrongfully ousts or excludes the other under a claim of sole ownership, and the dealings between them are not numerous nor difficult of settlement, the other may maintain an ordinary action at law to recover for the wrongful deprivation and conversion without having an accounting in an equity action.</p> <p>2. Same — Evidence Varying Terms of Leases Incompetent. The exclusion of testimony offered with a view of showing the value of oil leases obtained and held by the defendant, to the effect that stipulations had been made when the leases were executed which were not included in the leases and which contradicted their terms, is held not to be error.</p> <p>3. Same — Rejected Evidence — No Error. The rejection of testimony tending to show the expenses incurred by defendant in obtaining the leases is held to be without material error under the circumstances of the case.</p>