Michner Plating Company v. Davis Drilling Company, Inc.

Plaintiff sought to share in the proceeds of a successful oil-drilling venture carried out by defendant Donald Davis. Marathon Oil Company holds these proceeds by reason of an injunction granted to plaintiff pending the outcome of this lawsuit which prevents Marathon Oil from paying them out to the participants in the venture. Marathon Oil has no other part in this dispute. The trial court denied plaintiff a share in the proceeds and appeal to this Court followed.

The parties entered into an agreement on July 18, 1960, here set forth in its entirety:

“Davis Drilling Company, Inc. 25716…