Yale Oil Corp. v. Plentywood F.O. Co. Yale Oil Corp. v. Plentywood F.O. Co.

Yale Oil Corp. v. Plentywood F.O. Co‪.‬

41 P.2D 10, 98 MONT. 582, 1935.MT.0000013

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EQUITY — Courts will not tolerate Unfairness — CONTRACTS — Effect of Fraud — COURTS — Supreme Court will not substitute its judgment for Trial Courts. 1. Equity — Court will not tolerate unfairness. A court of equity is a court of conscience and will not tolerate unfairness, inequitable conduct or corruption however strong and clear is a partys equitable right against the other party. 2. Contracts — Effect of Fraud. There is a vast difference between the status of one who has received nothing for that with which he has parted, and as to whom the transaction was wholly fraudulent, and the status of a man who has made a contract by which he has not only parted with something, but received something in exchange, and in which the fraud operated only partially, reaching the substance but not constituting the basis of the entire action. 3. Mines and Minerals — Evidence of Fraud. In action to quiet title to land, where oil syndicate claimed oil and gas leasehold interest in land, findings of trial court that lease was executed under the fraudulent representations that oil drilling operations would be commenced within one year, and that lease was drawn up as ordered by lessors was supported by evidence. 4. Appeal and Error — Courts — Supreme Court will not substitute its judgment for trial courts here. Supreme Court is not at liberty to substitute its judgment for that of the trial judge where there is ample evidence supporting his findings.

GENRE
Professioneel en technisch
UITGEGEVEN
1935
23 januari
TAAL
EN
Engels
LENGTE
21
Pagina's
UITGEVER
LawApp Publishers
GROOTTE
69,5
kB

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