Continental Oil Co. v. Osage Oil & Refining Co.

*28This is the fifth appearance in the Courts of Appeal of this controversy over $50,000.-00 which the Continental Oil Co'mpany paid down on a lease it agreed to buy in April, 1926, and which it later concluded it did not want. Axelrod v. Osage Oil & Refining Company (C. C. A. 8) 29 F.(2d) 712; Osage Oil & Refining Company v. Continental Oil Company (C. C. A. 10) 34 F.(2d) 585; Continental Oil Company v. Osage Oil & Refining Company (C. C. A. 10) 57 F.(2d) 527, certiorari denied, 287 U. S. 616, 53 S. Ct. 17, 77 L. Ed. 535; Wilbur v. United States, 60 App. D. C. 326, 54 F.(2d) 437.

I cannot agree…