Kansas Crude Oil & Gas Co. v. Kansas & Texas Oil, Gas & Pipe-line Co.

Citations

• 84 Kan. 778
• 115 P. 398
• 1911 Kan. LEXIS 417

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Counterclaim —■ Gratuitous Service — No Recovery. When a service is performed or use given by one party to another with the intention that no charge shall be made or compensation paid therefor and it is accepted on that theory, the party can not subsequently, upon changing his mind, recover for such service or use, and it is further held that the facts and circumstances of the present case warranted the court in instructing the jury upon this rule of law.</p>