Montgomery v. Rittersbacher

WALKER, Justice

(dissenting).

In my opinion petitioner has heretofore done nothing that would irrevocably bind him to the terms of the lease, and he will not be bound thereby until his tender of ratification is made effective by the judgment rendered in this case. I would hold that he is entitled to his proportionate share of royalties accruing from and after the date of judgment.

CALVERT, C. J., joins in this dissent.