Midas Oil Co. v. Whitaker

GRISSOM, Justice.

Midas Oil Company sued G. W. Whitaker and others. This suit required interpretation by the court of the following provision in an assignment of an oil and gas lease,- to-wit: “Assignor retaining an overriding royalty of ⅞2 of all oil, gas or other minerals produced from said land free of cost to himself, provided, however, that in the event any well drilled on said land quits flowing oil and produces less than 150 barrels per day of 24 hours, to be determined by an average of ten days pumping test after notice to assignor, said overriding royalty interest shall be reduced to…