Dallas v. Knox-Powell Stockton Co., Inc.

This is an action wherein and whereby plaintiff seeks to have his rights declared under the terms of a written contract. The plaintiff is the assignee of the original party to the contract and rather than constantly refer to the nominal plaintiff we will use the term “plaintiff” throughout as meaning the assignor, inasmuch as no point is presented regarding the assignment.

We find it unnecessary to detail the pleadings further than to state that the complaint measures up to the requirements of the statute authorizing an action seeking declaratory relief. The contract presented for construction is in the following words:

The present plaintiff is the assignee of A1 Eyraud, so that the term “plaintiff”, as hereinbefore suggested, as used hereinafter will designate Eyraud.

Upon issue joined and in response thereto the trial court found that the contract was duly entered into for a valuable consideration and that there was no fraud, misrepresentation or mistake in the negotiations or in the contract. The court further found that the defendant had certain transactions with W. G. Davis, the party named in the contract and as a result thereof took over drilling sites and leases which…