Logourl black
From our private database of 14,000+ case briefs...

Fisher v. Tomlinson Oil Co.

Supreme Court of Kansas
527 P.2d 999 (1974)


Facts

Union Gas System, Inc. (Union) assigned L. B. Fisher (plaintiff) oil rights on a tract of land. The assignment required Fisher to drill a well by August 16, 1972. The assignment further provided that if the first well was a dry hole, Fisher would have an additional year to explore and drill. Fisher agreed to assign these drilling rights to Tomlinson Oil Co. (Tomlinson) (defendant) in exchange for Tomlinson’s commitment to commence drilling of a well by August 16, 1972. Tomlinson did not drill the well by the required date. Fisher sued for breach of contract. The trial court granted Fisher’s motion for summary judgment and awarded Fisher $8,500, the cost of drilling a well on the property. Tomlinson appealed, arguing that Fisher did not sustain any damages, because geological evidence showed that there was no oil on the property. Thus, Tomlinson argued, the damages amount the trial court awarded was inappropriate.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Fontron, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.