YUCCA MINING & PETROL. CO. v. HOWARD C. PHILLIPS OIL CO.

No. 6774.

365 P.2d 925 (1961)

69 N.M. 281

YUCCA MINING & PETROLEUM COMPANY, Inc., Plaintiff-Appellant, v. HOWARD C. PHILLIPS OIL COMPANY, a partnership consisting of Howard C. Phillips and Richard Clifton; and Howard C. Phillips, Individually, Defendants-Appellees.

Supreme Court of New Mexico.

November 1, 1961.


Attorney(s) appearing for the Case

Perry S. Key, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, William C. Briggs, Albuquerque, for appellees.


CARMODY, Justice.

Appellant sought damages for breach of an oil well drilling contract and alternatively for rescission and damages. From a judgment denying relief, based generally upon equitable estoppel, this appeal followed.

The issues to be determined relate to the application of the statute of frauds to an oral modification of a written contract, whether a corporation is bound by the actions of its president or director, the substantial evidence rule...

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