Taylor v. Odell

McCOMB, J., Dissenting.

I dissent:

From a judgment in favor of plaintiffs after trial before the court without a jury in an action to recover sums alleged to be due for breach of a contract to pay certain percentages of royalties received by defendant, the latter appeals.

Viewing the evidence in the light most favorable to plaintiffs (respondents), so far as material here the essential facts are:

Defendant obtained two separate oil leases, one on property owned by a Mr. Colter and others, hereinafter referred to as the Colter lease, and the other upon property owned by Mr. Seeger and others,…