Hale v. Gypsy Oil Co.

The opinion of the court was delivered by

Mason, J.:

On January 15,-1916, the owner of a quarter section of land executed to S. H. Hale an oil and gas lease thereon providing that in case oil or gas was found in paying quantities, the lessor was to have (in addition to a royalty of one-seventh) all money from the sale thereof until he had received $5,000, and that all conditions between the parties should extend to their heirs, executors and assigns. On January 22, 1917, Hale executed to the Whitewater Oil and Gas Company an assignment of his rights with respect to two forties of such tract,…