Voshell v. Indian Territory Illuminating Oil Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action for a balance of money alleged to be due on oil royalties.

The defense included some special pleading, an accounting of the oil production and its proceeds, and an allegation that the actual amount due plaintiff had been tendered and declined.

On issues joined the controlling facts were developed without serious dispute. It appears that plaintiff had an interest in a tract of land in the southern part of McPherson county. Defendant held the lease thereof and had developed two producing oil wells thereon. For some time this…