The Kevin review. [volume] (Kevin, Mont.) 1922-1929, 1926-07-08
HEARING ENDS
IN ACTION ON
OIL CONTRACT
ANDREW DIPPLE'S COMPLAINT
IN INTERVENTION DISMISSED
IN DISTRICT COURT

pany against j. t. Neville, DIR. j. A.
Johnson and E. A. Moline, was COM
pleted Friday afternoon in district
before Judge H. H. Ewing. The most
important development in the action
was dismissal of the complaint in in
teryention filed by Andrew Dipple,
the third litigant to the suit.
The action involves the rights to
the oil dvelopmnt of 800 acres in the
Kevin- Sunburst field, and is based
on the defendants alleged breach of
contract under which the plaintiff
was granted a lease On the property.
Negotiations are admitted by both
parties to have been conducted in
North Dakota, and an arrangement
was reached whereby the defendant
agreed to lease the land for cash
payment of $1,000, 12h per cent
royalty and a latter payment of $5, 700
to have been paid from proceeds of
oil produced.
The defense contends, however,
that the Sunburst company failed to
carry out all requirements due to
failure to settle with Dipple as to his
rights to the property, and the CON
tract was Withdrawn from the Con-
rad Banking company here before it
was signed by the president and
other officers of the Sunburst com
pany.
William Collins and Edward Hen
messy were examind by the defense
Friday morning and testified as to
the circumstances surrounding the
negotiations. Hennessy aso stated
that he withdrew the contract from
the bank upon orders of the defend
ants and after receipt of a wire from
r. p. Jackson, the plaintiffs agent,
relating to the inability to settle
with Dipple.
Jackson was recalled by the plain
tiff and testified that throughout the
negotiations no promises were made
in regard to Dipple, although he had
interviewed Dipple and ascertained
that royalty of 6A per cent was de-
manded.
Dipple, as intervenor, Friday after
noon attempted to enter the litigation
through contention that he was the
owner of substantial interest in the
property.
The land was secured by the de-
PENDANTS, allegedly, after foreclosure
actions had been instituted by the
Mohall State bank and the Hart-Parr
company and from the latter firm,
which is alleged to have secured
the property through failure of the
bank to asset title by reason of
previous lien.
Mcdonald & Black, attorneys for
the intervenor attempted to intro
duce several exhibits, pertaininga to
the Toole county litigation and re-
demption and efforts to redeem the
property after oreclosure, but intro
duction was denied on motion of the
defendants council.
Judge Ewing in denying the inter
venors request stated that the only
question to be determined was wheth-
er the plaintiff was entitled to a de-
cree requiring specific performance
of the contract, and hence no relief
could be granted Dipple, who request
er that the defendants be require TO
issue him certificate of redemption
and quieting title to the property in
his name.
The plaintiff following the hearing
submitted brief and the court in
structed the defense to prepare one
within 20 days.-Great Falls Tribune.
Completion of storage projects will
give 100000 barrels Kevin oil stor-
age.
johnson refinery at Shelby, capa-
city $500 barrels per dap, ready for
operation.
Havre- High school auditorium
contracts let, for about $4,000.