McCullough Oil, Inc. v. Rezek

McHUGH, Justice:

This action is before this Court upon appeal by McCullough Oil, Inc., the plaintiff below (McCullough), 1 from a final order of the Circuit Court of Wood County, West Virginia, denying McCullough’s motion for summary judgment as to liability and granting the defendants’ motion for summary judgment. This case has been submitted on the petition, all matters of record and the briefs and oral argument of counsel. We affirm the ruling of the trial court.

I

On February 25, 1966, Ohio River Sand & Gravel, a division of McDonough Co., executed a lease granting to McCullough oil and gas…