Kingwood Oil Co. v. Loehr

STRUM, Circuit Judge.

Appellee Ted E. Loehr, who was plaintiff below, executed to Kingwood Oil Company, one of the defendants below and an appellant here, a partial assignment of a mineral lease, reserving Vxe of % of all oil produced while production was 100 barrels or more daily, and Yb2 of % while production was less than 100 barrels daily.

A well was brought in on the land capable of producing in excess of 100 barrels per day, 30 days per calendar month, but the Railroad Commission of Texas limited production to 120 barrels per day for periods ranging from 15 to 23 days per calendar month.…