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LOWE v. FLANK OIL CO.

No. 10649.

398 P.2d 608 (1965)

Howard R. LOWE and John R. Lynn, Plaintiffs and Respondents, v. FLANK OIL CO., a Corporation, Defendant and Appellant.

Supreme Court of Montana.

January 8, 1965.

Attorney(s) appearing for the Case

Hall, Alexander & Kuenning, Great Falls, John C. Hall (argued, Great Falls, for appellants.

Lamey, Crowley, Kilbourne, Haughey & Hanson, Anderson, Symmes, Forbes, Peete & Brown, Billings, Frisbee & Moore, Cut Bank, M.J. Thomas, Jr., (argued), Billings, John P. Moore (argued), Cut Bank, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment in favor of the plaintiffs in the amount of $64,432.02. The judgment further ordered that the defendant continue to pay the overriding royalty to the plaintiffs until such time as foreclosure proceedings are instituted against the defendant on certain mortgaged properties.

The case was tried without a jury in the County of Yellowstone before the Honorable E.E. Fenton. The court made findings of fact...

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