Ruthven & Co. v. Pan American Petroleum Corp.

The opinion of the court was delivered by

Harman, C.:

This is an action for an accounting from an oil purchasing company for a share of oil produced from leased land.

The appeal involves construction of an entirety clause in the lease *640under which the oil was produced. A cross-appeal concerns the validity of a separate conveyance upon which plaintiffs’ claim is based.

We summarize certain background facts as stipulated by the parties prior to trial. On July 3, 1924, C. A. Mermis and his wife Paulina executed and delivered to George W. Holland as grantee an instrument entitled “Sale of Oil and Gas…