Preston v. Towanda Oil Co.

Citations

• 108 Kan. 810
• 196 P. 1098
• 1921 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cancellation op Oil Lease — Evidence Supports Decree. The record is examined and it is held that the evidence fully justified the decree of cancellation rendered by the trial court.</p> <p>2. Same — No Adequate Remedy at Law — Sufficient Averments in Petition. While the petition did not expressly allege that the plaintiff was without adequate remedy at law, such was a fair inference to be drawn from its averments and the proof was sufficient to sustain such allegation had it been made. Held, that the pleading was sufficient.</p> <p>3. Same. The old rule of equity pleading which required an allegation that the complainant was without adequate remedy at law is no longer controlling under our system of courts and of pleading.</p>