Allen v. Narver

VICTOR E. SHAW, J., pro tem.

The question presented on this appeal from a judgment in favor of plaintiff and an order of court denying defendants’ motion for a new trial involves the interpretation of a lease made by plaintiff to defendants of certain lands for use in extracting oil and other mineral substances therefrom, the express consideration therefor being a royalty of one-eighth of the mineral so extracted.

The provision of the lease upon which the action is based is as follows: “It is further expressly agreed and understood, that in the event that the second parties (defendants) shall…