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READ v. BRITAIN

No. B-298.

422 S.W.2d 902 (1967)

N. H. READ v. B. M. BRITAIN et al.

Supreme Court of Texas.

Rehearing Denied February 7, 1968.

Attorney(s) appearing for the Case

E. H. Foster, Lon Moser, Kolander & Templeton, Robert L. Templeton, Amarillo, for petitioner.

Culton, Morgan, Britain & White, L. A. White and Raymond W. Richards, Amarillo, for defendants.

CALVERT, Chief Justice.

The primary problem in this case concerns the proper interpretation of paragraphs (b), (c) and (d) of the royalty provisions of an oil and casinghead gas lease. N. H. Read, the lessor, was plaintiff in the trial court, and B. M. Britain and David Kritser, the lessees, were defendants.

The defendants are producing both oil and casinghead gas from the leased premises. Section 3 of the lease contains the provisions governing payment of...

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