All-American Oil & Gas Co. v. Connellee

WALKER, Circuit Judge.

This was an action by the defendant in error (herein called plaintiff) to recover damages for the breach of a written contract between him and the plaintiff in error (herein called defendant). By the contract sued on plaintiff assigned to defendant an oil and gas lease on a described 45-acre tract of land, subject to oil and gas royalties reserved to the lessor landowner and to plaintiff. That contract contained the following provisions:

“It is further understood and agreed that, in consideration of this transfer of the first party’s interest in said lease, the second…