Piper
Piper v. Kellerman
Opinion
Lead Opinion
Burnett, J.
The action was brought to enforce a -certain contract made between plaintiff and defendant on April 22, 1912. The prayer was for a judgment ordering the defendant to execute to plaintiff an undivided one-half interest in a certain lease from the T. A. P. Oil Company and for one thousand two hundred and fifty dollars, in money, together with general relief. An answer and counterclaim were filed, whereby defendant asked judgment for $1,187.85 and interest, and for a restraining order enjoining plaintiff from prosecuting certain actions against defendant. The counterclaim was upon an assigned account of one N. E. Wretman. At the time of the making of said contract of April 22d, defendant was the owner of a certain lease from the T. A. P. Oil Company, a corporation, and a contract with the Suburban Oil Company, a corporation, whereby respondent was to take a lease on certain property theretofore leased to said company. At the same time appellant was the owner of certain leases upon properties situated near those covered by said lease and contract of respondent. For the purpose of combining their respective interests, appellant and respondent entered into said contract of April 22,…