Melton v. Cherokee Oil & Gas Co.

On Rehearing.

TURNER, J.

As the terms of the escrow agreement were that the commercial lease was to be delivered to the company upon payment of the accumulated. royalties due Melton under the terms of the secretarial lease and the release of that lease by the Secretary of the Interior, it is urged by counsel for 'Cherokee Oil & Gas Company that, although on March 14, 1914, the company paid Melton said accumulated royalties and the commercial lease was by the escrow 'bank delivered to said company, the release of the secretarial lease was a condition precedent to its right to a delivery of…