Rush v. Kirk

HUXMAN, Circuit Judge.

Appellant, Lewis C. Rush, assigned an oil and gas prospecting permit, issued to him by the government, to appellee, Valentine M. Kirk, under a contract which provided that Kirk would attempt to secure an enlarged permit consolidating appellant’s permit therewith; that if consolidation were effected, Kirk should commence a test well on some part of the land covered by appellant’s permit by June 1, 1934; that appellant should have eight per cent of all oil and gas produced from any 160 acres of land covered by his permit which he might select, and an additional two per…