Moherman v. Anthony

Citations

• 103 Kan. 500
• 175 P. 676
• 1918 Kan. LEXIS 306

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Oil and Gas Lease — Transferable Only by Consent — Transferred Without Consent — Measure of Damages. An oil and gas lease contained a provision that it should be transferable only by the consent of the lessor, and' if sold she should receive one-half the consideration. The lessee sold it together with several other leases and a large amount of property for the bulk consideration of $65,000. In a suit by the lessor to recover her share the evidence showed that there was no separate consideration for her lease. The petition contained no allegation of its value, and no competent evidence was offered to prove its value. Held:</p> <p>(а) The identity of plaintiff’s property not having been lost or destroyed, the doctrine of confusion of goods has no application.</p> <p>(б) Plaintiff’s measure of damages is her share of the value of the lease at the time of sale.</p> <p>(c) The instructions on the measure of damages, and the character of proof from which plaintiff could establish her damages, are erroneous.</p>