146 F.2d 485 | 5th Cir. | 1944
The case out of which this appeal grows, though tried at a different time and to a different jury, was tried by the same judge, in substantially the same way, and on substantially the same general charge, as Ochsner’s case,
Phillips Petroleum Co. v. Ochsner, 5 Cir., 146 F.2d 138.
“2nd. To pay lessor one-eighth of the gross proceeds each year, payable quarterly, • for the gas from each well where gas only is found, while the same is being used off the premises, and if royalty of one-eighth payable monthly at used in the manufacture of gasoline a the prevailing market rate for gas.”
Daneiger Oil & Refineries v. Hamill, 141 Tex. 153, 171 S.W.2d 321. Cf. Kretni Development Co. v. Consolidated Oil Corp., 10 Cir., 74 F.2d 497.