Hull v. Sun Refining and Marketing Co.

KAUGER, Justice.

The issues presented are: 1) whether a lessor’s demonstration of marketable title is sufficient to maintain an action under 52 O.S.Supp.1985 § 540,1 providing for the payment of proceeds from oil and gas production; 2) whether lessors are bound by a contract provision implied from custom and usage requiring execution of a division order in a contract negotiated by a lessee as agent for the sale of oil; and 3) whether either party may be characterized as a prevailing party entitled to court costs and reasonable attorney’s fees. We find that: 1) because the only condition for…