Pugh-Miller Drilling Co. v. Main Oil Co.

The plaintiff was given judgment against all the defendants for the amount of two promissory notes for $1500 and $750, respectively, executed by the Main Oil Company and indorsed by the members of its board of directors, and also against the Main Oil Company alone for the further sum of $1250 for the hire of an oihwell drilling machine, being at the rate of $50 a day from March 27 to April 21, 1925. The defendants Main Oil Company, Leonards, Minor and Allen have appealed from the judgment.

There is no conflict in the evidence relating to the execution and indorsement of the promissory notes or the use by the Main Oil Company of the drilling machine at the alleged rate per day. The defendants resisted payment of. the plaintiff’s demands on three grounds: 1. That, the promise sory notes were obtained by duress; 2. That H. L. Ball and C. C. Boatright, and not the plaintiff, were the real parties in interest; 3. That the corporation defendant was entitled to a credit of $3,983.51 for the cost of replacements made by it on the drilling machine.

The machinery in question was sold by the plaintiff to Ball and Boatright on a conditional sale or lease contract. Thereafter the purchasers…