Merrill

This is an appeal by the defendant from a judgment in favor of the plaintiff for the price of oil purchased by the defendant. The facts are undisputed.

On January 13, 1926, W. Irving Lake, who was the owner of an oil and gas lease on a royalty basis, entered into an agreement to sell to the defendant all the oil to be produced under the lease, to be paid for at the market price. The agreement provides “that if he (Lake) sells, conveys, assigns, transfers, sublets or incumbers said lease or the leasehold estate created thereby, or any interest in said lease or leasehold estate, or the oil to be produced from said premises, he will make such sale, conveyance, assignment, transfer, sublease, or incumbrance expressly subject to and subordinate to this agreement.”

On January 15, 1926, Lake entered into an agreement with the plaintiff, entitled “Assignment of Royalty Interest Under Oil and Gas Lease,” relating to the lease mentioned, and containing the following:

The reference in the title of the instrument and in the recital to the property transferred as a “royalty interest” may be disregarded, the granting clause being express and certain in the description of the property…