Steven v. Potlatch Oil & Refining Co.

The plaintiffs are the owners of 320 acres of land in Toole county. On April 16, 1921, they executed to Troy-Sweet Grass Oil Syndicate a lease whereby they granted all the oil and gas in and under the land for the term of five years from that date “and as much longer as oil and gas, or either of them, shall be produced from said land by the lessee.” The lease contained this provision: “The lessee agrees to yield and pay to the lessor the one-8th part or share of the oil which he may obtain and save from said land, which share shall be delivered to the lessor from the lessee’s tanks at the…