Hinckley

The appellant brought suit to determine and quiet its title to certain oil lands and leases, for an accounting, for the appointment of a receiver, and for general equitable relief. From an adverse judgment in the court below, this appeal was taken.

While the record is voluminous, it permits of a fairly brief summary of the salient facts.

W. H. Ochsner was a consulting geologist. W. P. Dunham was a financier and promoter. In January, 1910, a contract was made between Dunham and Ochsner, pursuant to which Ochsner was employed by Dunham for the purpose of prospecting oil lands, or lands presumed to be valuable *156 for petroleum, and obtaining options or other 'rights therein. Ochsner was to direct his efforts as Dunham might instruct, or in conformity with his own judgment. All properties acquired during the life of the agreement were to be for the sole benefit of Dunham and his assigns. As compensation for his services Ochsner was to be paid $400 per month and his necessary traveling expenses, plus a 3 per cent, interest in properties acquired, or a similar percentage in stock of any corporation to which such properties might be transferred.

Ochsner turned his attention to the…