Bostwick's Estate

Crumrine, P. J.,

In May, 1917, the decedent and certain other persons, describing themselves as “partners, operating as the Collins *456Oil Company,” entered into a contract with the Crystal Petroleum Company, a West Virginia corporation. This agreement recited that the Collins Oil Company owned a certain oil and gas lease on the farm of H. W. Hartley, in Brooke County, West Virginia, on which farm they had a well producing oil and casing-head gas; that said casing-head gas was being wasted, and the Crystal Petroleum Company was willing to purchase it for the purpose of extracting gasoline…