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URBAN v. PHY

No. 5298.

24 F.2d 494 (1928)

URBAN v. PHY et al.

Circuit Court of Appeals, Ninth Circuit.

February 27, 1928.

Attorney(s) appearing for the Case

Rader & Bean and W. E. McCroskey, all of Walla Walla, Wash., and Will R. King, of Portland, Or., for plaintiff in error.

H. B. Noland, of Walla Walla, Wash., and James A. Fee, of Pendleton, Or., for defendants in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

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...

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