Rains v. Kentucky Oil Co.

Opinion op the Court by

Judge Clay

Affirming.

On March 2, 1916, G. W. Eains and wife executed to E. C. Disel an oil and gas lease on a tract of land in Whitley county containing about 300 aqres. Among the provisions of the lease were the following:

“Should oil be found in paying quantities upon the premises, second party agrees to deliver to the first party . . . in the pipe line with which it may connect the well or wells, the one-eighth (1/8) part of all the oil produced and saved from said premises.

“If gas only is found, second party agrees to pay fifty dollars or 1/8 dollars each year for the…