Wolf v. Blackwell Oil & Gas Co.
| Decision Date | 06 January 1920 |
| Docket Number | 8959. |
| Citation | 186 P. 484,77 Okla. 81,1920 OK 4 |
| Parties | WOLF et ux. v. BLACKWELL OIL & GAS CO. et al. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
The language of a contract is to govern its interpretation, if the language is clear and explicit and does not involve an absurdity, and the whole of such contract is to be taken together so as to give effect to every part, if reasonably practicable, each clause helping to interpret the others, and the words to be understood in their ordinary and popular sense unless used by the parties in a technical sense.
By the rule of ejusdem generis where general words follow the enumeration of particular classes of minerals, the general words will be construed as applicable only to minerals of the same general character or class as those enumerated.
However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract.
Additional Syllabus by Editorial Staff.
A well is not an "oil well," within the meaning of a lease reserving to the lessor one-tenth of "all the oil and other minerals," merely because gasoline is produced as a by-product of the gas.
Error from District Court, Kay County; Wm. Boles, Judge.
Action by H. F. Wolf and Lena Wolf, his wife, against the Blackwell Oil & Gas Company and others. Judgment for defendants, and plaintiffs bring error. Affirmed.
Sam K Sullivan and J. Henry Hill, both of Newkirk, for plaintiffs in error.
H. S Gurley, of Blackwell, and Dale & Bierer, of Guthrie, for defendants in error.
Action brought to compel delivery or payment of one-tenth of the gas transported from premises covered by an oil and gas lease executed by plaintiffs. The lease grants unto the Blackwell Oil Company "all the oil, gas, and other minerals," found in and under the described premises, and the exclusive right to lay pipe necessary for production and transportation of "oil, gas, or other minerals" taken from said premises, and reserves to lessors one-tenth of "all oil or other minerals" produced from the premises, providing in separate paragraph, "if gas only is found in quantities large enough to transport, then parties of the first part are to receive $100 per annum for the product of each and every well so transported, and also free gas for dwelling on the above-described land for heating and lighting purposes."
A well was brought in from which large quantities of gas were transported, and plaintiffs were paid $100 a year for such gas. Lessee began to extract gasoline from the gas, paying the lessor one-tenth of such gasoline, but refused to pay for one-tenth of the gas.
Counsel contend that the paragraph providing for payment of the $100 per annum for the production of each gas well had no effect after the production of the gasoline; that when gasoline was manufactured from the gas the well was no longer a gas well in the sense used in that paragraph; and that plaintiffs were entited to one-tenth of such gas under the provisions of the paragraph reserving to the parties of the first part one-tenth of "all oil or other minerals," arguing that the term "other minerals" includes gas from any well except where gas only is found.
Under the provisions of our statute, the language of a contract is to govern its interpretation, if the language is clear and explicit and does not involve an absurdity, and the intention of the parties is to be...
To continue reading
Request your trial