Keller Cattle Co. v. Allison

Opinion by

Judge METZGER.

In this action concerning a nonparticipating royalty interest in oil and gas, plaintiff, Keller Cattle Co., appeals the summary judgment entered in favor of defendant, Stephen R. Allison. We affirm in part, reverse in part, and remand the case for further proceedings.

On May 3, 1972, Allison and his wife (since deceased), as sellers, and Keller's predecessors, as buyers, entered into a specific performance contract for the purchase and sale of a 6,200-acre ranch in Yuma County. The contract provided:

Sellers reserve 1/2 of royalties now owned by sellers. Also reserve 1/2…