Zephyr Oil Co. v. Cunningham

MASSEY, Chief Justice.

Joe P. Cunningham, as plaintiff, brought suit against Zephyr Oil Company to construe and enforce an assignment of ah oil and gas lease in which he was the grantor, in the alternative suing for reformation of such assignment and for its enforcement as reformed. The enforcement sought was against the grantee for a proportion of such defendant’s collection of money for gas marketed from the leased property. The trial court reformed the contract and rendered judgment for plaintiff for a proportion of such gas payments on the theory that title to such proportion of the gas…