Culbertson v. Iola Portland Cement Co.

The opinion of the court was delivered by

JOHNSTON, C. J.:

This was an action by the appellee, Sherman Culbertson, for an accounting and to recover from the appellants, the Iola Portland Cement Company and L. L. Northrup, for the gas obtained and used by them from the lands of appellee under a lease executed by the grantor of the appellee to the grantor of the appellants in 1902. There were the usual stipulations in the lease as to the development of the land for oil and gas, and also one that “should gas be found on said premises of a minimum capacity of 3,000,000 cubic feet per well, daily,…