129 F. Supp. 648 | W.D. Okla. | 1955
The plaintiff, R. R. Greenbaum, a citizen of Kansas, brings this action against the defendants, Frank Kirkpatrick, Jr., and Joe Benson, Oklahoma citizens, and seeks equitable relief in the nature of specific performance and the establishment of a constructive trust in connection with certain mineral interests held by the defendants.
After careful consideration the Court has concluded that the defendants
Although there were numerous conversations between the plaintiff and defendant Kirkpatrick pertaining to the property in question these various conversations amounted to preliminary negotiations pointing to a future course of action and agreement and did not result in a present binding contract wherein the minds of the parties met.
The following additional findings and conclusions are given in support of the Court’s ruling:
1. The Court has jurisdiction of this action. The parties here involved are of diverse citizenship; and, the amount in controversy, exclusive of interest and costs, exceeds $3,000.
2. On or about July 3, 1953, defendant Benson entered into an oral agreement with one Charles A. Rollins (a %th owner of the fee simple of the property in contest) for the purchase of an oil and gas lease covering Rollins’ interest in said property.
3. On August 25, 1953, pursuant to said oral agreement, the said Rollins, and his wife, signed and delivered to defendant Benson an oil and gas lease covering the undivided mineral interest in question. Although such lease was procured through the sole and exclusive efforts of defendant Benson, the name of defendant Kirkpatrick was inserted in the lease as co-lessee at the direction of defendant Benson.
4. Defendant Benson obtained his interest in said lease prior to receiving a copy of a letter from plaintiff directed to defendant Kirkpatrick, dated October 7, 1953, and prior to the filing of a caveat by plaintiff on November 27,1953; and, at all times after the acquisition of said lease defendant Benson retained an interest therein of not less than an undivided %2th, the amount of Benson’s present interest.
5. Defendant Benson received a copy of plaintiff’s letter to defendant Kirkpatrick dated October 7, 1953; no other communications or dealings of any kind took place between plaintiff and defendant Benson regarding the subject of this action.
Within fifteen days counsel should submit a journal entry which conforms with this opinion.
. The legal description of the oil and gas lease and leasehold herein involved is: “The SE/4 of Section 22, Township 29 North, Range 1 East, Kay County, Oklahoma.”
. Although an alleged joint adventure dealing with interest in realty is not within the statute of frauds and may be established by parol evidence, Thompson v. McKee, 1914, 43 Okl. 243, 142 P. 755, L.R.A.1915A, 521. See also 49 Am.Jur. § 220, p. 545; and, Hoge v. George, 27 Wyo. 423, 200 P. 96, 18 A.L.R. 484, together wi-h supplemental annotation at 95 A.L.R. 1242, the plaintiff must fully establish the existence of the joint adventure and where seeking to invoke a constructive trust by parol evidence, such evidence must be clear, unequivocal and decisive. Boles v. Akers, 1925, 116 Okl. 266, 244 P. 182; Coryell v. Marrs, 180 Okl. 894, 70 P.2d 478.
. Because of the Court’s expressed rationale it is unnecessary to rule on two collateral issues. However, under the plaintiff’s own allegations and evidence there is a serious question but what the plaintiff could not obtain the requested relief because: (1) The agreement was too vague and indefinite to be enforceable. See Sticelber v. Iglehart, 1934, 169 Okl. 453, 37 P.2d 638, cf. 15 Okl. Stat. § 104 (1951); and, (2) The agreement lacked the required mutuality to be enforceable because of the indefinite character of plaintiff’s duties thereunder. See Owens v. Wilson, 1929, 135 Okl. 38, 273 P. 895.