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Keywords

contractappealverdictleaseappellantappelleejury instructions
contractappealverdicttestimonyleasesustainedoverruledappellee

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Smith v. Kendrick, 55 S.W.2d 598

Facts

Appellee Jim Kendrick and appellant W. A. Smith entered into a contract where Kendrick would obtain oil and mineral leases in Smith's name, with Smith covering the expenses. Upon selling any lease, the profits were to be split between them. Kendrick alleged that he sold leases and sought to recover $2,000, along with a claim to half of the proceeds from all leases he procured. The jury found in favor of Kendrick, awarding him the claimed amount and interest in the remaining leases.

The evidence fully sustained the allegations of the petition and the verdict of the jury and judgment of the court.

Issue

Did the jury properly find that a contract existed between Kendrick and Smith, and was the judgment for Kendrick justified based on the evidence presented?

Did the jury properly find that a contract existed between Kendrick and Smith, and was the judgment for Kendrick justified based on the evidence presented?

Rule

The court held that the existence of a contract and its terms were established by the jury's findings, and it was not an error to submit the question of whether the lease was obtained under the contract's terms.

That was purely a question of fact, and not of law, and the first proposition is without merit and is overruled.

Analysis

The court analyzed the evidence presented, noting that the jury found the existence of the contract and its terms. Since Smith admitted to purchasing the lease, the court determined that the question of whether the lease was obtained under the contract was a factual matter for the jury to decide. The court also addressed Smith's complaints regarding the jury instructions, concluding that the issues presented covered all material points in controversy.

The jury having found the existence of the contract and its terms, it was not error to submit the question as to whether the lease was obtained and purchased under the terms of the contract.

Conclusion

The court affirmed the judgment in favor of Kendrick, finding no merit in Smith's appeal and supporting the jury's verdict based on the evidence.

There is no merit in this appeal, and the judgment is affirmed.

Who won?

Jim Kendrick prevailed in the case because the jury found sufficient evidence to support his claims regarding the contract and the proceeds from the leases.

The testimony of appellee supports the judgment, which also followed the allegations in the petition.

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