Weiner v. Wilshire Oil Co.

The opinion of the court was delivered by

Schroeder, J.:

This is an action for a declaratory judgment to construe the terms of a written contract for the sale of several oil *491and gas leases. The defendant has duly perfected an appeal from a judgment decreeing that the plaintiffs are the owners of a l/7th of 7/8ths overriding royalty interest in the oil and gas leases and ordering the defendant to account to the plaintiffs therefor.

The question is whether the plaintiffs’ overriding royalty interest reserved in the contract of sale continued during the entire life of the leases or whether such…