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PAINE v. SMITH

Docket No. 19259.

114 Cal.App.2d 767 (1952)

251 P.2d 18

CHARLES F. PAINE et al., Plaintiffs and Appellants, v. EVERETT O. SMITH et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

December 17, 1952.

Attorney(s) appearing for the Case

Andrew J. Copp, Jr., and H. Dexter McKay for Plaintiffs and Appellants.

Roy C. Kaiser for Defendants and Appellants.

DRAPEAU, J.

The parties to this action entered into a written agreement whereby defendants, parties of the first part in the agreement, conveyed to plaintiffs, parties of the second part, 10 per cent from the net recovery of oil from producing wells on property in which defendants owned a leasehold interest, 33 1/3 per cent of the net recovery from the first new well drilled on said property, and 2 per cent from all...

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