Austin v. Ohio Fuel Oil Company

Opinion of the Court by

Commissioner Hobson

Affirming.

On October 13, 1915, W. F. Austin executed to the Ohio Fuel Oil 'Company an oil lease, in the ordinary form, covering his tract of land embracing, he says, 110 acres,' and the company says 96 acres. By the terms of the lease he was to have one-eighth of the oil produced, and the company was to pay him a certain rent until a well was put down. The lease was for ten years and as long as oil or gas was produced. The company paid the rent as stipulated and a well was put down. It then went on and put down three other wells in the northern part…