Sunburst Exploration, Inc. v. Jensen

ROONEY, Justice.

Appellant-defendant appeals from a summary judgment which determined the rights of the parties under an agreement between their predecessors in interest, specifically determining that the overriding royalty interest now to be paid under the agreement by appellant to appellees is in the amount of 10 percent (5 percent plus 5 percent) and not 2½ percent (1 ¼ percent plus 1⅛ percent).

We affirm.

*823The agreement was an assignment of a prospecting permit dated May 15, 1936 held by appellees’ predecessor in interest from the United States and covering described lands in Carbon County.…