Sunset Oil Co. v. Whistleman

Plaintiff in error was plaintiff below; defendants in error were defendants there. We so refer to them here unless otherwise designated as the Oil Company, Whistle-man, or the Bank.

Whistleman had oil and gas leases on five separate tracts of land. He assigned them to the Oil Company, reserving certain royalties and rentals, placing the assignment in escrow in the defendant bank. The assignment was in the nature of a quitclaim, without covenants of warranty.

The conditions of the escrow agreement, in so far as they are necessary to an understanding of the matters in issue, were- that the Oil…