American Beryllium & Oil Corporation v. Chase

There is no dispute as to the facts relating to the question involved. In June 1964 the defendants, as lessees, assigned to the plaintiff two oil and gas leases previously obtained from the State covering certain lands situate in Natrona County, Wyoming. Shortly thereafter the assignments were forwarded by plaintiff to the office of the commissioner of public lands for approval by the board of land commissioners. Prior to the time that the board acted upon the assignments the defendant Edmund Chase, by letter dated August 7, 1964, advised the commissioner that plaintiff had defaulted in performance of the consideration for the assignment of the leases and "will not be able to handle the deal" and asked that the assignments be returned to him. This was done and the defendants have retained possession of the assignments at all times since. Plaintiff was not informed by the defendants that said assignments had been returned to them and acquired no knowledge thereof until sometime in November 1964. Thereupon demand was made for return of the assignments but defendants refused. Shortly thereafter plaintiff commenced the within action against the defendants, alleging among other things that the defendant Edmund Chase fraudulently and without authority obtained the return of said assignments and that without such assignments plaintiff was unable to obtain the approval of the board of land commissioners to the assignments and because of the defendants actions had been unable to obtain possession of the premises. The relief sought was a judgment of the court requiring the defendants to deliver up to plaintiff the said assignments and damages for expenses incurred in attempting to obtain possession of the assignments and for loss of use of the premises.