Armstrong v. Skelly Oil Co.

FOSTER, Circuit Judge.

This is a suit for an accounting for royalties on gas produced from wells on what is known as the Armstrong tract, the same property considered in suit No. 6405, decided this day. 55 F.(2d) 1066. There was a decree dismissing the bill. It is unnecessary to discuss the errors assigned in detail.

The following facts appear without disputo from the record: The lease contains these clauses:

“In consideration of the premises the said lessee covenants and agrees:

“2nd. To pay the lessor a royalty of 1/8 the price received by lessee payable monthly, for the gas from each well…