Julian v. Eagle Oil & Gas Co.

The opinion of the court was delivered by

Benson, J.:

In a petition for a rehearing it is urged that a material fact was overlooked in the opinion. (Ante, p. 127.)

It appeared upon the trial that the assignment of the lease from Parsons to the Eagle Oil and Gas Company was recorded more than two years after the contract upon which the plaintiff sued had been entered into, and that the plaintiff had no notice of the terms of the assignment. The plaintiff now insists that he is not bound by the provision of the assignment by which the lease was to revert to Parsons, not only because it is…