Hull v. Freedman

LANGDON, Justice.

On November 5, 1959, appellees instituted suit to recover excess payments made under an oil and gas lease. The reservation of the overriding royalty interest contained in the lease under which the payments were made provides in part as follows:

“When the oil produced hereunder from the depths below two-thousand (2,000) feet shall amount to an average of thirty (30) barrels or more per well per day, the overriding royalty shall be a net one eighth (Véth) of the total oil so produced under this assignment, same to be free and clear of all operating costs and expenses; and when…