Urban

Urban v. Phy

Good Law
24 F.2d 494·1928 U.S. App. LEXIS 2090
United States Court of Appeals for the Ninth CircuitFebruary 27, 1928No. 5298California1,401 words

Opinion

Lead Opinion

Rudkin, J.

March 2, 1923, Andrew Urban and C. A. Coleman entered into a contract in writing wherein Urban agreed to sell and Coleman agreed to purchase an undivided one-half interest in certain oil and gas leases covering 1120 acres of land in the state of Texas. Under the terms of the agreement, the sum of $15,-000 was to be paid by Coleman to Urban in the manner following: “An amount sufficient to meet payment of pay rolls for general expense while-well is being drilled to the depth of 3,000 feet.” It was further agreed that Urban should drill the well to the depth of the Ranger lime, unless oil or gas was found in paying quantities at a lesser depth, without any expense to Coleman; but should it become necessary to drill the well to a greater depth, or to do any other work proper to a completion of the well below the depth of the Ranger lime, then and in that event, thé parties agreed to divide thé expense equally between them. On the same day Coleman assigned to the Pauline Oil Company, a common-law trust, an undivided one-half interest in and to the above-mentioned oil and gas leases to the extent of 760 of the 1,120 acres therein described, and warranted .title thereto and to the…

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