Cali v. DeMattei

George Robert Cali and Shirley Ann Cali brought this action in the circuit court of Franklin County against John DeMattei and the S. C. Vaughan Oil Production Company arising from Vaughan’s entry onto the plaintiffs’ land for the purpose of drilling for and removing the underlying oil and gas. Upon motion of the defendants, the court dismissed plaintiffs’ action finding that DeMattei owned the oil and gas and had leased the same to Vaughan. Plaintiffs appeal.

The complaint alleged that DeMattei breached a warranty in a deed to plaintiffs’ predecessor in title by illegally retaining the oil and…