Murko Oil & Royalty Co. v. Fain-McGaha Oil Corp.

LATTIMORE, Justice.

This is a suit to recover the" amount of a tax paid under article 7071, Rev. Statutes, as that article existed prior to 1933, commonly known as a production tax.

Appellant’s assignor owned an undeveloped oil and gas lease and sold appellee a one-third interest therein under a written contract under which appellee developed and operated same and paid “all expenses necessary in the development and operation of said lease for the production of oil and gas therefrom.” However, the contract also provided that appellee should charge appellant out of appellant’s one-third of the…