Premier Royalty Co. v. Cumberland Producing & Refining Co.

OPINION OP THE COURT BY

TURNER, COMMISSIONER—

Affirming.

Appellant instituted this action against appellee on the following writing:

“Agreement..

“Whereas, the Premier Royalty Company and John Wilcox, of Irvine, Ky., has negotiated a sale of the Cumberland Producing and Refining Company’s oil property on the Clay Alexander, William Alexander and Nelson Tipton farms, Carr creek, Estill county, Ky., to the Wyoming-Kentucky Oil Company.

“We agree to pay to said Premier Company, Inc., and John Wilcox 10% of said purchase price of $32,000.00, payable as and when payments are made. One-half of said…