Downey v. Phillips

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover damages growing out of an oil and gas lease and operations thereunder. To the petition filed the defendant demurred, for the reason that the petition did not state a cause of action. The demurrer was overruled, and the defendant appeals. The petition alleges the ownership of lands and the execution of an oil and gas lease and contains the following allegations:

“That this plaintiff has never received any proceeds from the sale of any oil or gas from said premises and no oil or gas was produced from said premises.…