241 P. 740 | Okla. | 1925
The defendant became the owner of the real estate described in plaintiff's petition by deed of grant from full-blood Indian heirs duly approved by the county court. The plaintiff commenced the action against the grantee for the specific performance of an oral agreement to convey to the plaintiff an undivided one-half interest in the land. The plaintiff alleged that the consideration for the conveyance to him was his services and *196 influence in causing the grantors to convey the land to the defendant. The trial of the cause resulted in judgment declaring the defendant to hold the undivided interest in the real estate as trustee for the use and benefit of the plaintiff. The defendant appealed the cause to this court, which was reversed and remanded on the ground that plaintiff neither stated nor proved a cause of action against the defendant. Thereafter, the plaintiff filed his amended petition, wherein he alleged that the contract with the defendant was that the former should use his services and influence in causing the full-blood Indian heirs to convey the property to the defendant. The petition further alleged that the property had a potential value for oil and gas, and that his services were of the value of an undivided one-half interest in the land, equal to the sum of $10,000. The defendant filed a motion to require the plaintiff to make his petition more definite and certain, in that the latter be required to set forth in an amended petition the nature of the services which the plaintiff was to perform for the defendant, and the services he performed for the defendant pursuant to the alleged agreement. The plaintiff undertook to comply with the order of the court by filing a second amended petition, which set forth that he was to give his services and use his influence in causing the grantors to make the conveyance to the defendant. Thereupon, the defendant filed his motion to strike the second amended petition from the files for the reason that the plaintiff had failed to comply with the order of the court. The court sustained the motion and the plaintiff refused to plead further, and the court thereupon dismissed the action.
The plaintiff has appealed the cause to this court, and assigns the action of the trial court, in striking the amended petition and dismissing his action for his failure to plead further, as error for reversal here. The plaintiff does not cite any authorities from this court, or any other court, to show that the ruling of the court was error. The plaintiff in error is contented to set forth an abstract of the proceedings and rest his appeal upon the mere statement that he has suffered an injury from the ruling of the court. The opinion in the former appeal is reported in
The defendant in error submits the further proposition to sustain the action of the court, that the first and second amended petitions constituted a departure from the original action, and that the amended petition should have been stricken on this ground. The case of St. Paul Fire Marine Ins. Co. v. Mt. Park Stock Farm,
It is recommended that the judgment be affirmed.
By the Court: It is so ordered.