Sawyer v. Mid-Continent Petroleum Corp.

MURRAH, Circuit Judge.

This is an appeal from a judgment of the District Court for New Mexico in a suit brought by Mid-Continent Petroleum Company to recover $14,259.10 paid to appellants, Sawyers, as compensatory royalty in lieu of drilling a well on an oil and gas lease granted by the Sawyers to Mid-Continent’s assignors. The trial court granted restitution of the amounts paid, less attorney fees and expenses incurred by the Sawyers in the sum of $2,500. The judgment is based on a finding that the agreement was entered into and payments made by Mid-Continent under an honest mistake of…