Hendricks v. Butt
Hendricks v. Butt
Opinion of the Court
OpinioN op the Court by
Reversing.
This is an .action upon a written 'contract executed between appellant Hendricks and appellee Butt, whereby the appellant agreed to pay appellee $500.00. To the petition is attached a copy of the written contract, as an exhibit. This contract, in so far as it undertakes io obligate the appellant Hendricks to pay the said sum to appellee Butt, reads:
“It is further proposed that after the lease now on said lands is cancelled on the records by the parties now holding sarnie, another lease on same .lands shall be executed by said Hendricks to Thompson & Westerman, and in the event said Thompson & Westerman take said lease from said Hendricks, the latter agrees and obligates himself to pay the said R. E. Butt, or order, five hundred dollars ($500.00) cash in hand paid.” Nowhere in the writing do we find <any undertaking or obligation on the part of appellee Butt to do or pay anything as consideration for the obligation of appellant Hendricks to pay him $500.00. The contract, as written, appears to be unilat
For the reasons indicated the judgment must be reversed for proceedings consistent with this opinion. The trial court should allow appellee to amend his petition and the appellant to 'amend his 'answer if they or either of them desire to do so, and to prepare the case upon its merits.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.